Terms of Use
1. Acceptance of Terms of Use
The Porcupine Tree Forum ("PTF") is currently provided free of charge. These Terms of Use will govern your use of PTF. BY USING ANY OF THE TOOLS AVAILABLE ON THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE Terms of Use AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Use govern your use of PTF and all services provided in connection with PTF. If you do not agree to these Terms of Use, please do not subscribe to or enter PTF. If these Terms of Use change, a note will be posted on the PTF home page requesting that you review this document again. If you do not agree to the changes in the Terms of Use as they may occur, please arrange to terminate your registration with PTF immediately (i) by notifying PTF of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of PTF. Your continued use of PTF will signify your acceptance of any change in the terms and conditions set forth herein.
From time to time PTF may supplement these Terms of Use with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on PTF to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
2. Registration Information/Privacy Policy
PTF employs a third-party payment processing systems provided by PayPal and Verisign. If you are paying for your subscription services using one of these payment processing systems, you will be required to provide your name, e-mail address, and credit card information.
Any information provided by you or gathered by PTF or third parties during any visit to PTF shall be subject to the terms of the PTF Privacy Policy, which is incorporated herein by reference. Click here if you wish to read the PTF Privacy Policy. PTF reserves the right to offer you third party services and products.
PTF reserves the right to terminate your PTF subscription if PTF learns that you have provided false or misleading registration information.
3. Termination
PTF reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your subscription(s) with or ability to access PTF and/or any other service provided to you by PTF upon any breach by you of the Terms of Use.
4. Modifications of these Terms of Use
PTF may modify these Terms of Use from time to time in its sole discretion. Each time you log on to PTF, you will be deemed to have accepted any such changes. In the event we modify these Terms of Use, we will also post a note on the PTF home page stating that the Terms of Use has changed.
5. Modifications to PTF
PTF may modify porcupinetreeforum.co.uk with or without notice to you and without liability to you or any third party. If porcupinetreeforum.co.uk is discontinued for any reason, subscribers to paid services (not donations) may request a refund of a prorated amount of their current subscription cost.
6. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages. PTF reserves the right to terminate your service if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. PTF is to be used by you for your personal use only. Commercial uses of PTF are strictly prohibited unless prior written consent from PTF has been granted.
You further agree not to use PTF to send or post on message boards or any place on PTF, any message or material that is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by PTF in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. PTF reserves the right to delete any such material from the site. PTF will co-operate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating PTF staff. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use PTF to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) PTF permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to PTF, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on PTF is not protected by Rights rests with you. You acknowledge that PTF may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of PTF, including message boards, you grant PTF a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on PTF retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS OR ANY OTHER AREA ON PTF, YOU HEREBY EXPRESSLY PERMIT PTF TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY PTF IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
7. Third Party Services
You may order services or merchandise through PTF from other persons not affiliated with PTF ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. PTF makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider PTF nor will PTF be construed as a party to such transactions, whether or not PTF may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
8. Subscription Username and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. You agree to immediately notify PTF of any unauthorised use of your subscription or password.
9. Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on the PTF site may infringe on another's or your copyright, please send a detailed message to us via email.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF PTF IS AT YOUR SOLE RISK. PTF IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PTF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
PTF MAKES NO WARRANTY THAT PTF SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT PTF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PTF MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOLS ON PTF. PTF WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF PTF.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PTF IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT PTF DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. PTF IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
PTF SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN PTF. YOUR PARTICIPATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PTF, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
PTF MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PTF OR ANY TRANSACTIONS ENTERED INTO THROUGH PTF.
PTF IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE PTF's SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against PTF with respect to such sites.
11. Limitation of Liability
PTF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE PTF OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH PTF OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF PTF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
You agree to indemnify and hold each of PTF, their affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of PTF, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
13. Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to its conflicts of laws provisions. By registering for or entering PTF, you consent and submit to the non-exclusive jurisdiction of the English courts.
14. Remedies for Breach of these Terms by You
In the event that PTF determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of PTF, PTF reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to PTF; (iii) delete all content provided by you to PTF; (iv) discontinue your subscriptions(s) with PTF; (v) notify and/or send content to and/or fully co-operate with the proper law enforcement authorities for further action; and/or (vi) any other action which PTF deems to be appropriate.
If your subscription(s) with or ability to access PTF and/or any other service provided to you by PTF is discontinued by PTF due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the community of PTF, then you agree that you shall not attempt to re-register with or access PTF, and/or any other service provided by PTF, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, PTF reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.
15. Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
PTF may assign its rights and obligations under these Terms of Use and upon such assignment PTF may be relieved of any further obligation hereunder.
You represent to PTF that you have the authority to register with or visit PTF according to these Terms of Use. PTF does not encourage, solicit, or permit visitors who are known to be under the age of 13 to subscribe to PTF services.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on PTF) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of PTF, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
PTF reserves the right to charge fees, surcharges and/or membership fees at any time.
