These terms govern use of the Internet forum at http://community.amperecomputing.com. To use the forum, you must agree to these terms with Ampere Computing, 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 Terms
- Your Permission to Use the Forum
- Conditions for Use of the Forum
- Acceptable Use
- Content Standards
- Your Account
- Your Content
- Your Responsibility
- Limits on Liability
- General Terms
These terms include a number of important provisions that affect your rights and responsibilities, such as the disclaimers in Disclaimers, limits on the Company’s liability to you in Limits on Liability, your agreement to cover the Company for damages caused by your misuse of the Forum in Responsibility for Your Use, and an agreement to arbitrate disputes in Disputes.
Your permission to use the Forum is subject to the following conditions:
You must be at least thirteen years old.
You may no longer use the Forum if the company contacts you directly to say that you may not.
You must comply with applicable law using the Forum.
You may not use or try 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
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 engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Forum, or which, as determined by us, may harm the Company or users of the Forum or expose them to liability.
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 may not impersonate any person, or misrepresent your identity or affiliation with any person or organization.
The Company may:
• Remove or refuse to post any content for any or no reason in our sole discretion.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Forum.
• If you believe someone has submitted content to the Forum in violation of these terms, contact us immediately. However, we cannot review all material before it is posted on the Forum, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
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 developer [at] amperecomputing.com.
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 restrict, suspend, or close your account on the Forum according to its policy for handling 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 (collectively, “User Contributions”). 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 User Contributions to the Forum. You agree not to wrongly imply that User Contributions 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 User Contributions you submit, or to change it, according to these terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary.
Please do not post any information that is confidential or proprietary, whether it belongs to you or to any other person or company.
By providing any User Contribution on the Forum, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, non-infringement, reliability, accuracy, and appropriateness.
The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Forum.
You agree to indemnify, defend, and hold harmless the Company from legal claims by others arising out of or 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. 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.
You accept all risk of using the Forum and content on the Forum.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE FORUM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY FORUM LINKED TO IT.
YOUR USE OF THE FORUM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM IS AT YOUR OWN RISK. THE FORUM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE FORUM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE FORUM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE FORUM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE FORUM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE FORUM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE FORUM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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 and use feedback and suggestions you provide for any lawful purpose, 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.
California law will govern any dispute related to these terms or your use of the Forum.
You and the Company agree to seek injunctions related to these terms only in state or federal court in Santa Clara. Neither you nor the Company will object to jurisdiction, Forum, or venue in those courts.
Other than to seek an injunction or for claims under the Computer Fraud and Abuse Act, you and the Company will resolve any dispute by binding American Arbitration Association arbitration. Arbitration will follow the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. Arbitration will happen in Santa Clara County, California. You will settle any dispute as an individual, and not as part of a class action or other representative proceeding, whether as the plaintiff or a class member. No arbitrator will consolidate any dispute with any other arbitration without the Company’s permission.
Any arbitration award will include costs of the arbitration, reasonable attorneys’ fees, and reasonable costs for witnesses. You and the Company may enter arbitration awards in any court with jurisdiction.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
DMCA Copyright Agent
c/o Ampere Legal Department
4655 Great America Parkway, Suite 601
Santa Clara, CA 95054
IIf you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
If a provision of these terms is unenforceable as written, but could be changed to make it enforceable, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.
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.
You may notify the Company under these terms, and send questions to the Company, at developer [at] amperecomputing.com.
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.