Terms of Service

Last updated on 2024-01-07

1. Definitions

• the “Website” refers to the EVLambda website and all content and services hosted on the EVLambda website; the EVLambda website is the website served from the following domains: evlambda.org and discourse.evlambda.org
• “we”, “us”, and “our” refer to the owner of the Website
• “you” and “your” refer to the visitor or user of the Website
• the “Agreement” refers collectively to all the terms contained in this document (the “Terms of Service”)

2. Account creation

You must be a least thirteen years old to create an account.

When you create an account, you must provide a username, a password, and an email address.

The username is public but it can be a nickname unrelated to your real name. Under normal circumstances, your username cannot be changed.

It is your responsibility to provide a strong password and to keep it secret. Ideally, your password should be unique to the Website.

The email address must be a working personal email address. If your email address ceases to be a working personal email address, you must update it promptly. Anyone who knows your username, knows your email address, and has access to your mailbox can reset your password and take control of your account.

3. Acceptable use policy

In your use of the Website, you may not

• harass, threaten, incite violence toward, or otherwise cause harm to others
• disrupt the experience of others
• violate the privacy of others
• impersonate others
• defame others
• disclose any information you do not have the right to disclose
• infringe copyright or any other proprietary right
• access any computer or communication system without authorization
• intentionally distribute malicious computer code
• send bulk unsolicited messages
• commit fraud
• breach any agreement you have with others
• violate any law
• incite or help others to violate this acceptable use policy

You may not submit to the Website any content that is inappropriate, offensive, discriminatory, hateful, or illegal.

4. Monitoring

We do not have the resources necessary to detect all violations of the acceptable use policy.

If you spot a violation of the acceptable use policy, you are encouraged to report the violation to the administrator.

5. Enforcement

Your violation of this Agreement may result in

• your offending content being redacted or deleted
• you being warned
• you being banned temporarily or permanently
• your account being deleted
• the violation being reported to the proper authorities

6. Housekeeping

The public content you submit to the Website must be in English and related to the EVLambda project.

We reserve the right to lock, move, redact, or delete any public content at any time for any reason.

7. Content rights

When you submit content to the Website, you retain ownership of your content but you grant us the right to store, process, and display your content as necessary to provide the Website.

Our rights to your public content will survive termination of this Agreement.

8. Feedback rights

When you submit feedback to the Website, you grant us the right to use your feedback to improve the Website.

9. Termination

You may terminate this Agreement at any time for any reason by deleting your account.

We may terminate this Agreement at any time for any reason by deleting your account.

Should we decide to terminate this Agreement, we will make some reasonable effort to give you the opportunity to recover your non-breaching content before it is deleted.

The following provisions will survive termination of this Agreement: Section 7 (Content rights), Section 8 (Feedback rights), Section 10 (Disclaimer of warranties), Section 11 (Limitation of liability), Section 12 (Indemnification), and any other provision of this Agreement that must survive to fulfill its essential purpose.

10. Disclaimer of warranties

WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) WE HAVE NO OBLIGATION TO INDEMNIFY YOU, DEFEND YOU, OR HOLD YOU HARMLESS, INCLUDING WITHOUT LIMITATION AGAINST CLAIMS RELATED TO PRODUCT LIABILITY OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; (B) WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL PERFORM WITHOUT ERROR OR INTERRUPTION; (C) WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT YOUR CONTENT WILL REMAIN PRIVATE OR SECURE; AND (D) WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE IS FREE OF MALICIOUS COMPUTER CODE.

11. Limitation of liability

OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED €20.

IN NO EVENT WILL WE BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.

12. Indemnification

You agree to indemnify us, defend us, and hold us harmless against any third party claim, suit, or proceeding arising out of or related to your use of the Website, including, but not limited to, your violation of this Agreement.

13. Assignment

You may not assign this Agreement without our express written consent.

We may assign this Agreement with or without your consent.

14. Choice of laws and courts

This Agreement will be governed solely by the internal laws of Belgium, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties' rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws.

The parties consent to the personal and exclusive jurisdiction of the courts of Liège, Belgium, for all cases and controversies arising out of or related to this Agreement, including without limitation tort cases.

15. Severability

To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. If a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to achieve its original effect to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

16. No waiver

Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

17. Entire agreement

This Agreement sets forth the entire agreement of the parties.

18. Third-party websites

This Agreement does not apply to third-party websites linked from the Website.

19. Amendment

We may amend this Agreement from time to time by posting an amended version on this page. Such amendment will become effective 30 days after such posting unless you first terminate this Agreement. Your continued use of the Website after such 30-day period will confirm your consent to such amendment. Notwithstanding the foregoing provisions, revisions to Section 3 (Acceptable use policy) will become effective on the date they are posted. Whenever you log in, you will be notified if this Agreement has been amended since you last agreed to it.

Changelog

2024-01-07: initial revision