Project Robotica:Terms of Use

WHO WE ARE AND HOW TO CONTACT US

These Terms of Use apply to this website, projectrobotica.wiki. The website are operated by Spontaneous Construction, an FTC team in Shoreview, MN. These Terms of Use tell you the rules for using our website. To contact us, please email [email protected].

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS OF USE

By accessing or using the website, you acknowledge that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement“), whether or not you are a registered user of Project Robotica. If you do not agree to these Terms of Use, then you must not use our website. We recommend that you print a copy of these Terms for future reference.

WE MAY MAKE CHANGES TO OUR WEBSITE

We may update and change our website from time to time to reflect our users’ needs. We will try to give you reasonable notice of any major changes.

WE MAY MAKE CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without further notice. Please check this page regularly to determine if there have been changes to these Terms of Use and to review such changes. Your continued use of the website after the effective date of the revised Terms of Use constitutes your acceptance of the terms.

WHEN THESE TERMS OF USE APPLY

These Terms of Use apply to registered users and non-registered users alike. In order to use the website, you must accept these Terms of Use. You may do so by (a) registering or (b) using the website. You confirm that you are of legal age to form a binding contract with the Company, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Use. In any case, you confirm that you are 13 or older, and acknowledge that the website is not intended for children under 13. You may not use the website and may not accept the Terms of Use if you by law are barred from using the website or accepting the Terms of Use.

MEMBERSHIP

In order to be a contributor of the website, you will need to first register. You must not register for membership if you are prohibited by law. Any registration by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement. By registering for the website, you represent and warrant that you meet the age requirement set forth above and that you agree to and will abide by all of the terms and conditions of this Agreement.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose to register, and you are provided with or create a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party, and you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place using your account. We may terminate your account, delete your profile and any content or information that you have posted on the website and/or prohibit you from using or accessing the website for any reason, or no reason, at any time in its sole discretion, with or without notice.

TRADEMARKS

Project Robotica, the Project Robotica logos, and any other product or service name, logo, or slogan used by Project Robotica, and the look and feel of the website, including all page headers, custom graphics, button icons and scripts, are trademarks of Project Robotica, and may not be used in whole or in part in connection with any product or service that is not Project Robotica’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Project Robotica, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that Project Robotica may provide you from time to time. All other trademarks referenced in the website are the property of their respective owners. Reference on the website to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

SUBMITTING CONTENT TO THE WEBSITE AND COPYRIGHTS

You are solely responsible for all content, including but not limited to photos, profile information, messages, comments, and other content that you upload, publish or display (hereinafter, “submit”) on or through the website, or transmit to or share with other users. You may not submit content to the website that you did not create or that you do not have the right to submit. You may not submit content that is not compatible with the license used by the applicable part of the website to which you are submitting content. You understand and agree that others may, but are not obligated to, edit, delete or remove (without notice) any content from the website, for any reason or no reason. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to permit Project Robotica to copy, store, publish, display, and distribute your content via the website, in accordance with the license rules that are applicable to such content. The website is not and shall not function as an archive. We have no liability to you or any other person for loss, damage, or destruction to your content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the website or provide to us.

CONTENT SUBMITTED TO DISCUSSIONS FORUMS

By submitting content (including comments) to our discussion, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display such submitted content in any medium and for any purpose, including commercial purposes, and to authorize others to do so (this license right includes the name, identity, likeness and voice you submit with such content). You agree that you have the right to submit any content you post, and that such content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

USER CONDUCT

You agree not to:

• Abuse, harass, threaten or intimidate other Project Robotica users;
• Post or transmit any content that is obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, transphobia, ethnic slurs, religious intolerance, or encourages criminal conduct;
• Attempt to impersonate another user or person;
• Post any illegal or unauthorized content or use the website for any illegal or unauthorized purposes;
• Post or transmit any communication or solicitation designed or intended to obtain password, account, email address, or private information from any Project Robotica user;
• Post, upload, transmit, share, or store unsolicited or unauthorized advertising, solicitations, “spam”, or any other type of unauthorized solicitation;
• Solicit personal information from any user under the age of 18;
• Violate any laws in your jurisdiction (including but not limited to copyright laws and laws regarding online conduct and acceptable content);
• Post advertisements or solicitations of business;
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the website or content, features that prevent or restrict use or copying of any content accessible through the website, or delete the copyright or other proprietary rights notices on the website or user content
• Use any robot, spider, site search and/or retrieval application, or other device to scrape, extract, retrieve or index any portion of the content;
• use any Media Player for any purpose other than non-commercial, personal consumption and viewing of applicable content;
• attempt to modify, enhance, edit, translate, adapt, alter, reverse engineer, decompile, disassemble, or create derivative works based upon any Media Player; or
• attempt to license, transfer, convey or assign to any third party any rights to use or exhibit any Media Player, including to market, promote, display, re-distribute or re-transmit any Media Player.

You further agree:

• To only use the website in a manner consistent with these Terms of Use and in compliance with applicable laws and regulations;
• To maintain the confidentiality of any password(s) associated with your use of the website;
• To notify the company immediately in case of any unauthorized use of your account;
• Not to intentionally block, remove, or otherwise obstruct the proper functioning and view of advertisements, and/or user interface and functionality;
• Not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to any computer software or hardware or telecommunications equipment;
• Not to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
• not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission;
• Not to forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via the website;

You will not:

• take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the website or any activities conducted on a website; or
• bypass any measures we may use to prevent or restrict access to the website, including robot exclusion headers.

RESPECTING COPYRIGHT AND CLAIMS OF COPYRIGHT INFRINGEMENT

Project Robotica respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the website infringes upon your copyright, please contact our designated agent under the DMCA: [email protected].

IDEA SUBMISSION

By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Project Robotica, you acknowledge and agree that Project Robotica shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

TERMINATION

To the fullest extent permitted by applicable law, Project Robotica reserves the right, without notice and in our sole discretion, to terminate your license to use the website (including to post user content), and to block or prevent your future access to and use of the website, including where we reasonably consider that: (a) your use of the website violates these Terms of Use or applicable law; (b) you fraudulently use or misuse the website; or (c) we are unable to continue providing the website to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to the website. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the website, (ii) any term of these Terms of Use, (iii) any policy or practice of Project Robotica in operating the website, or (iv) any content or information transmitted through the website, is to terminate your account and to discontinue use of any and all parts of the website.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL PROJECT ROBOTICA OR ANY PROJECT ROBOTICA PARTY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PROJECT ROBOTICA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PROJECT ROBOTICA’S RECORDS, PROGRAMS OR WEBSITE; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PROJECT ROBOTICA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

YOU ACKNOWLEDGE AND AGREE THAT PROJECT ROBOTICA HAS OFFERED THE WEBSITE, MATERIALS AND OTHER CONTENT AND INFORMATION, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PROJECT ROBOTICA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PROJECT ROBOTICA. PROJECT ROBOTICA WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. YOU AND PROJECT ROBOTICA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

INDEMNITY

You agree to indemnify, defend, and hold harmless Project Robotica, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the website, any user content you post, store or otherwise transmit in or through the website, your violation of the rights of any third party, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. Project Robotica reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Project Robotica, and you agree to cooperate with Project Robotica’s defense of these claims. Project Robotica will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or user content.

GOVERNING LAW, VENUE, AND JURISDICTION

To the fullest extent permitted by applicable law without regard to principles of conflict of laws, govern these Terms of Use and any dispute of any sort that might arise between you and Project Robotica. To the fullest extent permitted by applicable law, you agree not to commence or prosecute any action in connection with your use of the website and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction.

OTHER TERMS AND CONDITIONS

To the extent that a translation of these Terms of Use differs from the English language version, the English language version controls.

If the Company does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Project Robotica without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void.

The Terms of Use, together with the Terms of Sale, the Privacy Policy and the Guidelines, is the entire agreement between you and Project Robotica relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Use or Guidelines made by Project Robotica as set forth in Section 6 above.

Date of Last Revision: August 4, 2021