Terms & Conditions
The use of the MIPS website (the “Website”) is subject to the following terms and conditions (“Terms”). By using the Website, you agree to these Terms. Please note in particular the indemnity that you provide under “Limitation, exclusion of liability and indemnity” below.
The Website, its design and contents are all copyright MIPS. MIPS grants individual users of the Website a non-exclusive personal license to view and copy the material on the Website solely for personal and non-commercial use. Such license is revocable by MIPS at any time without notice. You agree not to reproduce material on the Website other than in accordance with such license and, without limitation, not to reproduce any information on the Website on any other website or in any other form. You agree not to arrange for any other website to be connected to the Website by way of hyperlink or otherwise without the prior written consent of MIPS.
TMIPS reserves the right to change these Terms at any time without notice. Any such changes will be displayed on this page of the Website. MIPS reserves the right to suspend or cancel or any part of the Website and the services offered therein at any time without notice.
TMIPS shall not be liable to you or to any other person in the event that all or any part of the Website is discontinued, modified or changed in any way.
Discussion boards and other user-generated content
The discussion boards and other user-generated content (such as comments and blogs) are provided for your use. The views and opinions that are expressed by users may not reflect those of MIPS.
You must not use the discussion boards to display any material which is: in contravention of any relevant local, national or international law or which incites or encourages the contravention of any such law
- racist, sexist or homophobic
- pornographic, obscene, profane or vulgar
- defamatory of any person, entity or organization
- abusive, threatening or otherwise likely to be harmful to those persons likely to use the Website
- otherwise offensive in the opinion of MIPS
- infringing of the rights (including the intellectual property rights) of any person; or
- related to the conduct of a business.
If you breach these Terms, we reserve the right to suspend or delete your account. If you consistently or seriously breach these Terms, we may contact you using the email address you have provided when you set up your account to request that you cease posting. If you ignore this request, we reserve the right to trace your IP address, contact your service provider and ask that you be blocked from accessing the Website.
By submitting information to the Website, you grant MIPS a non-exclusive worldwide royalty-free perpetual non-revocable license to use, distribute, adapt, modify, display, reproduce and transmit such information in any and all media in any manner in whole or in part without any duty to account to you. You also grant MIPS the right to grant licenses to users of the Website to view and copy such information.
MIPS reserves the right to edit or delete any information submitted to the Website, including without limitation any message which contravenes the rules above.
Should you find any message which you feel is in contravention of the above rules, please let us know by emailing us at MIPS (firstname.lastname@example.org).
Special Terms and Conditions
Special terms and conditions apply to the use of certain features of the Website. These are indicated on the relevant pages and form part of these Terms as if set out in full herein.
Limitation, Exclusion of Liability and Indemnity
MIPS endeavors to ensure the accuracy of all content of the Website. However, this cannot be guaranteed, and MIPS’ liabilities are excluded and/or limited as set out below. The content of the Website is provided for information purposes only and you should not rely upon it in making or refraining from making any decision or in taking or refraining from taking any action.
You agree that your use of the Website is entirely at your own risk. No warranty of any type is given by MIPS as to the accuracy, completeness or timeliness of any information provided on the Website. You agree that the Website is provided on an “as is” and “as available” basis.
MIPS hereby excludes all and any losses, liabilities, claims, damages, expenses or costs (whether as a consequence of its negligence or otherwise) arising in connection with:
- your use or inability to use the Website or the services offered from time to time therein -any unauthorized access to or alterations of information provided by you -your use of any third-party websites (including without limitation those that may be connected by hyperlink to the Website)
- any arrangements entered into with any third party in connection with any information provided by or in connection with the Website
- the inaccuracy, incompleteness or tardiness of any information supplied through the service
- other than, in each case, any liability in respect of death or personal injury.
No advice or information, whether oral or written, obtained by you in connection with the Website will create any warranty not expressly stated in these Terms.
Each user of the Website hereby agrees that he or she is owed no duty of care or other obligation by MIPS and that insofar as he or she may be owed any such duty or obligation, he or she waives any rights which he or she may have in respect of such duty or obligation.
You agree to indemnify, defend and hold harmless MIPS and all officers, employees and agents of MIPS from any and all losses, liabilities, claims, damages, expenses or costs asserted by any third party or otherwise incurred or suffered by MIPS in connection with your use of the Website, including without limitation any claims, losses or damages relating to any information, comments or other content you post on the Website or any discussion board or your beach or violation of these Terms.
Advertisements and Links to other Websites
The Website contains links to and content from other internet sites and resources (“Third-Party Sites”). MIPS cannot control such content and you agree that, without limitation of the terms set out above, MIPS is not responsible for such content. MIPS cannot endorse products or services offered by third parties through such content.
Disclaimer of Warranties
We do not guarantee or warrant any information or other content that you view or receive while using the Website. You understand and acknowledge that you should not rely solely on any advice or information received through the Website to make any commercial, personal or other decisions.
You also understand that we cannot and do not guarantee or warrant: that the Website, or any files, content or information available for download from the internet or through the Website (including Third-Party Sites linked hereto), will be free of viruses or other harmful code. You alone are responsible for implementing sufficient procedures to satisfy your particular requirements for antivirus protection, accuracy of data and for maintaining a means external to the Website for any reconstruction of any lost data.
THE WEBSITE AND ALL INFORMATION AND OTHER CONTENT IT CONTAINS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY INFORMATION, ADVICE OR OTHER CONTENT PROVIDED THROUGH THE WEBSITE WILL BE ACCURATE, HELPFUL, OR SOLVE ANY PARTICULAR PROBLEM, ISSUE OR CONCERN, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE.
We appreciate hearing from you and welcome your comments about our Website, including whether you like it, what is most useful, any malfunctions, downtime, inappropriate content or complaints (collectively, “Feedback”). You can submit Feedback to us by emailing us at: email@example.com. We are free to use Feedback in any manner or for any purposes we see fit, without any notice or compensation to you.
By using the Website, you agree to these Terms in full. You understand and agree that these Terms constitute the entire agreement between MIPS and yourself in respect of your use of the Website and supersede any and all prior arrangements, agreements and representations.
Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOST PROPERTY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Any claim relating to this Website or its use and materials herein is governed by the laws of the State of California, USA, without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any and all disputes arising out of or relating to your access to and use of the Site. You further agree and covenant not to bring suit in any other jurisdiction. You expressly disclaim the applicability of the United Nations Convention on the International Sale of Goods to your access or use of this Site or its contents. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
We reserve the right to change these Terms at any time. Any amendments will be effective upon our providing notice of such updated Terms to you (a) by email sent to the address associated with your account, or (b) by posting a prominent notice of such change on the Website. Your continued access or use of the Website after such notice constitutes your consent to be bound by the amended Terms. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable. These Terms, together with any commercial agreement you may enter into with us, are the complete and exclusive statement of the terms and conditions governing your use and access of the Website, and they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. You agree that, if your register for an account, your account is non-transferable and your rights to the content within your account terminate upon your death.