Effective date: 1st Sep 2022
FileWave Community Forum is a space to interact with one another and share knowledge, information and experiences from using FileWave. The following user terms apply to all who use FileWave Community Forum. ‘We’, ‘our’ and ‘us’ refer to the applicable FileWave entity. ‘You’ and ‘your’ refer to you, the individual user and participant in FileWave Community Forum.
Community Forum rules of engagement
FileWave Community Forum users must never:
Upload to or link from FileWave Community Forum any harmful or malicious technology, including malware, that unlawfully accesses information owned by FileWave or any third party.
Post content that violates applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy and export control laws, and regulations promulgated by any government agencies, including any rules of any national and other securities exchanges.
Allow another person to post from their account or on their behalf.
Post content that is abusive, offensive, vulgar, obscene, hateful, racist or bigoted, threatening, libellous, defamatory or fraudulent.
Documents another person, or post content that includes another person’s private or personal information, including but not limited to community forum profile information, images, personal phone numbers, email addresses, addresses and National Insurance numbers.
Post content to which the user does not have the required rights under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
Post spam or advertisements.
Impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with a person, organisation or entity of FileWave.
Interfere with or disrupt the operation or integrity of FileWave Community Forum or any information, data, content or other materials available on or through FileWave Community Forum.
Access FileWave Community Forum in order to build a similar or competitive product or service or copy any ideas, features, functions or graphics of FileWave Community Forum.
Authorise, permit, enable, induce or encourage any third party to do any of the above.
Do anything to violate the spirit of these terms.
Promptly notify us if you become aware of or reasonably suspect any illegal or unauthorised activity or a security breach involving your account, including any loss, theft or unauthorised disclosure or use of a username, password or account.
User submissions, member-generated content and profile information
As a user of FileWave Community Forum, you may have the ability to make information, data, graphics, sounds, videos, messages, profiles and other materials and content, each a ’submission,’ available through FileWave Community Forum. Submissions include but are not limited to all comments, suggestions, advice,and ideas, including those made or given on an existing or potential FileWave product or feature. All submissions are subject to the same licensing provisions contained herein.
Users are solely responsible for all Submissions to FileWave Community Forum. FileWave has no control over users’ Submissions, and we do not endorse any user Submissions. Additionally, FileWave does not make any promises about the reliability of any source or the accuracy, safety or intellectual property rights of any Submissions. By posting a Submission, you represent and warrant to either own or have all the intellectual property rights necessary to upload or share all content contained within any such Submission and that the Submission does not infringe on the intellectual property rights of others.
When you submit content to FileWave Community Forum, you do not lose ownership of your Submission. Rather, with each Submission, you grant FileWave an unlimited, irrevocable, perpetual and royalty-free licence to access, use, reproduce, display, prepare derivative works of, sublicense, perform and distribute any Submission content, feedback, suggestions or ideas for any purpose without any obligation or compensation to you.
If you make available through FileWave Community Forum ideas and suggestions on FileWave products or services, you acknowledge and agree that posting any such Submission does not make you an inventor of any invention that may arise during any development of any FileWave product or service, including those that may incorporate or are related to user contributions to FileWave Community Forum. If, despite the foregoing, you retain any right, title or interest in any invention, you agree to assign to FileWave all right, title and interest in and to any such invention, effective upon the invention’s conception, creation or development. To the extent that you retain any right to or interest in any invention after all permissible assignment, you waive all claims with respect to such rights or interests against FileWave and its affiliates, and any user of any FileWave product or service. In addition, you grant FileWave an unlimited, irrevocable, perpetual and royalty-free licence to access, use, reproduce, display, prepare derivatives works of, sublicense, perform, distribute, modify, make, sell, offer to sell, import, analyse and exploit all or any portion of any such invention. You waive and quitclaim to FileWave any claim for infringement, misappropriation or other violation of any invention or intellectual property rights assigned or licensed under these terms.
Intellectual property rights and DMCA policy
We take the intellectual property rights of others seriously and require that our FileWave Community Forum users do the same. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through FileWave Community Forum, please follow the procedures outlined in our DMCA policy, available at https://FileWave.com/dmca-policy.
Disclaimer of warranties
FileWave COMMUNITY FORUM AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND FileWave EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CUSTOMER ACKNOWLEDGES THAT FileWave DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Limitation of liability
NEITHER FileWave, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR PARTICIPATION IN FileWave COMMUNITY FORUM, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will defend and indemnify FileWave and its affiliates, and their respective officers, directors, employees and contractors, from and against any claim by a third party arising from or related to: (a) your use or attempted use of FileWave Community Forum in violation of these terms, (b) your violation of any law or the rights of any third party, or (c) any Submissions that you post to FileWave Community Forum, including without limitation any claim of infringement, misappropriation or violation of any intellectual property, privacy or other rights.
As our business evolves, we may change these terms, the acceptable use policy and other policies relating to FileWave Community Forum. Any material revisions to these terms will become effective on the date that we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
These terms will be enforced to the fullest extent permitted under applicable law. If any provision of the terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these terms will remain in effect.
Governing law; venue
These terms constitute a binding agreement, and failure to comply with these terms may result in legal action.