Terms of Service - The Things Network

The Things Network’s general terms and conditions apply to the Forum.

Please read those general terms and conditions carefully before accessing or using the forum. By accessing or using any part of the Forum, you agree to become bound by those terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Forum. The Forum is available only to individuals who are at least 13 years old.

2. Responsibility of Contributors

If you post material to the Forum, post links on the Forum, or otherwise make (or allow any third party to make) material available by means of the Forum (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 pornographic, does not contain threats or incite violence, 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, 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; 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 TTN or otherwise.

3. User 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, TTN has the right (though not the obligation) to, in TTN’s sole discretion (i) refuse or remove any content that, in TTN’s reasonable opinion, violates any TTN policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Forum to any individual or entity for any reason, in TTN’s sole discretion. TTN will have no obligation to provide a refund of any amounts previously paid.

6. Responsibility of Forum Visitors

TTN has not reviewed, and cannot review, all of the material, including computer software, posted to the Forum, and cannot therefore be responsible for that material’s content, use or effects. By operating the Forum, TTN 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 Forum may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Forum 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. TTN disclaims any responsibility for any harm resulting from the use by visitors of the Forum, or from any downloading by those visitors of content there posted.

7. 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 TTN links, and that link to TTN. TTN does not have any control over those non-TTN websites and webpages, and is not responsible for their contents or their use. By linking to a non-TTN website or webpage, TTN 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. TTN disclaims any responsibility for any harm resulting from your use of non-TTN websites and webpages.

8. Copyright Infringement and DMCA Policy

As TTN 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 TTN violates your copyright, and if this website resides in the USA, you are encouraged to notify TTN in accordance with TTN’s Digital Millennium Copyright Act (“DMCA”) Policy. TTN will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TTN will terminate a visitor’s access to and use of the Forum if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of TTN or others. In the case of such termination, TTN will have no obligation to provide a refund of any amounts previously paid to TTN or its partners.

9. Intellectual Property

This Agreement does not transfer from TTN to you any TTN or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TTN. TTN, TTN, the TTN logo, and all other trademarks, service marks, graphics and logos used in connection with TTN, or the Forum are trademarks or registered trademarks of TTN or TTN’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Forum may be the trademarks of other third parties. Your use of the Forum grants you no right or license to reproduce or otherwise use any TTN or third-party trademarks.

11. Attribution

TTN reserves the right to display attribution links such as ‘Powered by TTN,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the TTN toolbar may not be removed regardless of upgrades purchased.

12. Changes

TTN 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 Forum following the posting of any changes to this Agreement constitutes acceptance of those changes. TTN may also, in the future, offer new services and/or features through the Forum (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.

13. Termination

TTN may terminate your access to all or any part of the Forum at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TTN account (if you have one), you may simply discontinue using the Forum. 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.

14. Disclaimer of Warranties

The Forum is provided “as is”. TTN 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 TTN nor its suppliers and licensors, makes any warranty that the Forum 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 Forum at your own discretion and risk.

15. Limitation of Liability

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

16. General Representation and Warranty

You represent and warrant that (i) your use of the Forum will be in strict accordance with the TTN Privacy Policy, Community Guidelines, 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 country in which this forum resides or the country in which you reside) and (ii) your use of the Forum will not infringe or misappropriate the intellectual property rights of any third party.

17. Indemnification

You agree to indemnify and hold harmless TTN, 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 Forum, including but not limited to your violation of this Agreement.

18. Miscellaneous

This Agreement constitutes the entire agreement between TTN and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TTN, or by the posting by TTN of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Forum will be governed by the laws of the state of California, U.S.A., 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 state and federal courts located in San Francisco County, California. 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), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. 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; TTN 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.

This document is CC-BY-SA. It was last updated May, 2018.

Originally adapted from the WordPress Terms of Service.