Legal Notice

0. SUBJECT MATTER OF THE CONTRACT

This legal notice refers to the use and utilization of the webpage www.frontity.org owned by Aut O’Mattic A8C Ireland Ltd (hereinafter Frontity).

Access to the website owned by Frontity implies being a user thereof and involves the full acceptance of each and every one of the terms and conditions set out below which may be modified without prior notification by Frontity, which shall publish and communicate such modifications at the earliest possible time (herein “Agreement”).

It is therefore recommended you read them should you wish to access and use the information and services provided on this webpage.

Furthermore users undertake to make appropriate use of the website in compliance with applicable legislation, in good faith and respecting public order, general trade customs and this Legal Notice and shall be liable to Frontity or to third parties for any damage resulting from failure to comply with such obligations.

Any use other than that expressly authorised is forbidden. Frontity may deny or refuse access or use at any time.

1. IDENTITY

Please see below to determine which entity your Agreement is with. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe (including the UK and ROI).

If you reside outside of the Designated Countries: Automattic Inc.

If you reside in the Designated Countries: Aut O’Mattic A8C Ireland Ltd.

2. COMMUNICATION

The following methods may be used to contact us:
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– Email: legal@frontity.com
– Any notification and communication between users and Frontity shall be considered effective, for any purposes, whenever conducted through any of the aforementioned methods.

3. TERMS OF ACCESS AND USE 

Access to the website and its services is free. Frontity may however make the use of some of the services offered on its website conditional to previously filling in the corresponding form.

The user guarantees the authenticity and accuracy of any data provided to Frontity and shall be the sole person responsible for any inexact or untrue information given.

The user expressly undertakes to make adequate use of the contents and services provided by Frontity and not to use them, amongst other purposes, for:

a) Disseminating criminal, violent, pornographic, racist, xenophobic, or offensive content or in defence of terrorism or generally against applicable legislation and public order.

b) Introducing viruses into the net or carrying out actions that may alter, damage, interrupt or create errors or damage to the electronic documents, data or systems owned by Frontity or by third parties; hindering access to the website and its services to other users by means of massive use of the computer services used by Frontity.

c) Attempting to access the electronic mail accounts of other users or the restricted areas of the computer systems owned by Frontity or by third parties and, should it be the case, obtaining information.

d) Violating industrial and intellectual property rights or the confidentiality of the information provided by Frontity or third parties.

e) Supplanting the identity of another user.

f) Reproducing, copying, distributing, making available to, or in any other form of public communication, altering or modifying the contents save by authorisation from the owner of the corresponding rights whenever such actions are permitted by the applicable legislation.

g) Procuring data for publicity purposes and forwarding any form of publicity or communication for sale or commercial purposes without prior request or permission.

The entire website content such as texts, photographs, graphics, images, icons, technology, software as well as its graphic design and font codes constitute an ensemble owned by Frontity, and any right over them may not be construed as transferred in any way to users beyond what might be strictly necessary for the correct use of the website.

In sum, users accessing this website may visualise its contents and make, should it be the case, authorised private copies provided the reproduced elements are not subsequently transferred to third parties or are not installed on network servers or are not commercially exploited in any way.

Furthermore, all the trademarks, trade names or distinctive signs of any form included in the website are the property of Frontity and its licensors. Any use or access thereof may not be construed as granting users any rights whatsoever over them.

The dissemination, modification, transfer or public communication of the contents and any other action not expressly authorised by the owner of the commercial rights is prohibited.

The creation of a hyperlink does under no circumstance involve the existence of any relationship between Frontity and the owner of the website the link is created with nor does it involve the acceptance or approval by Frontity of the content and services thereof.

Frontity declines any liability in terms of the use each particular user may make of the material made available in this website or the actions users may carry out based on them.

3.1 EXCLUSION OF GUARANTEES AND LIABILITY FOR ACCESS AND USE 

The content of this website is general and is intended merely for information purposes. The owner does not guarantee full access to all its content, its exhaustiveness, accuracy, validity, applicability or suitability for any specific purpose.

Frontity declines, insofar as permitted by applicable legislation, any liability for any kind of damage resulting from:

a) Inability to access the website or lack of veracity, accuracy, exhaustiveness and/or validity of the content as well as the existence of any kind of errors or defects in the content transmitted, disseminated, stored or available which may have been accessed through the website or through the services provided therein.

b) The presence of viruses or any other elements in the content which may cause alterations in computer systems, electronic documents or users data.

c) Failure to comply with legislation, good faith, public order, general trade customs and this legal notice resulting from wrongful use of the website. In particular, and not limited to, Frontity declines any liability regarding the acts of third parties that may violate intellectual or industrial property rights, company secrets, the right to reputation, personal and family intimacy and image rights and legislation regarding unfair and unlawful competition.

Likewise, Frontity declines any liability with respect to information existing beyond this website that is not directly managed by our webmaster. All the links existing in this website are solely intended for informing users of the existence of other sources to expand the content provided by this website. Frontity does not guarantee nor is it liable for the correct performance or accessibility of the sites the links are connected to; nor does Frontity suggest, invite or recommend visiting them. Therefore, Frontity shall not be liable for the results reached. Frontity is not liable for the creation of hyperlinks by third parties.

3.2 PROCESS IN CASE OF ILLICIT ACTIVITIES

Should any user or third party consider that facts or circumstances exist that reveal the illicit use of any content and/or of actions on the websites included or accessible through the website, notice shall be given to Frontity expressing the communicators identity and the supposed infringement.

3.3 PUBLICATIONS

The administration data provided through the website does not replace the legal publicity of the laws, regulations, plans and general terms and actions that may need to be published in official public journals, which constitute the sole instrument to prove their veracity and content. Information available on this website must be construed as a guide with no legal validity.

4. COMMUNITY TERMS OF SERVICE 

The following terms and conditions govern all use of the community.frontity.org website and all content, services and products available at or through the website. The Website is owned and operated by Frontity. The Website is offered subject to your acceptance without modification to this Agreement, all of the terms and conditions contained herein, and all other operating rules, policies (including, without limitation, community.frontity.org’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by Frontity. 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 Frontity, acceptance is expressly limited to these terms.

4.1 YOUR COMMUNITY.FRONTITY.ORG ACCOUNT 

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Frontity of any unauthorized uses of your account or any other breaches of security. Frontity will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

4.2 RESPONSIBILITIES OF CONTRIBUTORS 

If you 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:
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a) 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.
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b) 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.

c) 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.

d) The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.

e) 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).

f) The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.

g) Your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods.

h) Your content is not named in a manner that misleads your readers into thinking that you are another person or company.

i) 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 Frontity or otherwise.

4.3 CONTENT LICENSE 

User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, Frontity has the right (though not the obligation) to, in Frontity’s sole discretion (i) refuse or remove any content that, in Frontity’s reasonable opinion, violates any Frontity 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, in Frontity’s sole discretion. Frontity will have no obligation to provide a refund of any amounts previously paid.

4.4 RESPONSIBILITY OF WEBSITE VISITORS 

Frontity 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, Frontity 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. Frontity 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.

4.5 CONTENT POSTED IN 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 community.frontity.org links, and that link to community.frontity.org. Frontity does not have any control over those non-community.frontity.org websites and webpages, and is not responsible for their contents or their use. By linking to a non-community.frontity.org website or webpage, Frontity 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. Frontity disclaims any responsibility for any harm resulting from your use of non-community.frontity.org websites and webpages.

5. CHANGES

Frontity 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. Frontity 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.

6. TERMINATION

Frontity 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 or your frontity.org account (if you have one), 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.

7. DISCLAIMER OF WARRANTIES

The Website is provided “as is”. Frontity 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 Frontity nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

8. LIMITATION OF LIABILITY

In no event will Frontity, 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 for 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 Frontity under this Agreement during the twelve (12) month period prior to the cause of action. Frontity 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.

9. APPLICABLE LEGISLATION

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in San Francisco County, California. English shall be the language used.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Frontity, 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 your violation of this Agreement.