Terms of Service

  • The following terms and conditions govern all use of the www.xprizecommunity.com website and all content, services and products available at or through the website, including, but not limited to, discussion forums, private messages and blogs, (taken together, the Website). The Website is owned by XPRIZE and operated by Floating Knowledge. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by XPRIZE and/or Floating Knowledge (collectively, the "Agreement").

    Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. 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 XPRIZE Community, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

    1. Your XPRIZE Community 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 and any other actions taken in connection with the Website. You must immediately notify Floating Knowledge of any unauthorized uses of your account or any other breaches of security. Neither XPRIZE nor Floating Knowledge will be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

    2. Responsibility 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:

    • 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;
    • 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 XPRIZE Community or otherwise.

    By submitting Content to the XPRIZE Community for inclusion on the Website, you grant XPRIZE and Floating Knowledge a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, XPRIZE and Floating Knowledge will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, XPRIZE and Floating Knowledge have the right (though not the obligation) to, at their sole discretion, (i) refuse or remove any content that, in their reasonable opinion, violates any XPRIZE Community 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, at the sole discretion of XPRIZE and/or Floating Knowledge.

    3. Responsibility of Website Visitors. XPRIZE and Floating Knowledge have 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, XPRIZE and Floating Knowledge do 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. XPRIZE Community 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. 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 www.xprizecommunity.com links, and that link to www.xprizecommunity.com. XPRIZE and Floating Knowledge do not have any control over those non-XPRIZE Community websites and webpages, and are not responsible for their contents or their use. By linking to a non-XPRIZE Community website or webpage, neither XPRIZE nor Floating Knowledge represents or implies that they endorse 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. XPRIZE and Floating Knowledge disclaim any responsibility for any harm resulting from your use of non-XPRIZE Community websites and webpages.

    5. Copyright Infringement. As XPRIZE Community 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 the Website violates your copyright, you are encouraged to notify Floating Knowledge. Floating Knowledge will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Floating Knowledge will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the XPRIZE Community or others.

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

    7. Changes. XPRIZE and Floating Knowledge reserve the right, at their 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. XPRIZE and Floating Knowledge 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.

    8. Termination. XPRIZE and/or Floating Knowledge 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 www.xprizecommunity.com 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.

    9. Disclaimer of Warranties. The Website is provided "as is". XPRIZE, Floating Knowledge 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 XPRIZE nor Floating Knowledge nor its suppliers and licensors make 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.

    10. Limitation of Liability. In no event will XPRIZE or Floating Knowledge 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; or (iii) for interruption of use or loss or corruption of data. XPRIZE Community 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.

    11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance 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 United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

    12. Indemnification. You agree to indemnify and hold harmless XPRIZE and Floating Knowledge, 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.

    13. Miscellaneous. This Agreement constitutes the entire agreement between XPRIZE and Floating Knowledge and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of XPRIZE or Floating Knowledge, or by the posting on the XPRIZE Community of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of England and Wales. 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; XPRIZE and Floating Knowledge may assign their 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.