These Terms of Service govern your use of Forge including our mobile app, our website located at https://forgeyournetwork.com, and any related services provided by Forge Applications, Inc.. References to “Forge” in these Terms of Service may refer to any or all of these services.

 

You may be required to create an account and specify a password in order to use certain services or features of Forge. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.

 

In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of Forge. Moreover, your administrator may be able to access or disable your account without our involvement.

 

When you create a Forge account or use Forge, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using Forge.

 

Your account is for your use only and you may not share your account with anyone else. Please keep your password confidential, and don’t use it on other websites. You are solely responsible for maintaining the confidentiality of your account information, including password, and are entirely responsible for any and all activities under your account. You agree to notify us immediately of any unauthorized use or any other breach of security involving your password or account. Forge Applications, Inc., will not be liable for any loss incurred as a result of an unauthorized use of a username/password or account. If you believe that your account has been compromised at any time, please immediately notify your system administrator, if applicable, and us by email to info@forgeyournetwork.com.

 

Any personal information (such as name, company information, personal details, photos, etc.) that may be collected during the course of registering or using Forge may be used by us or shared with our partners or our agents for the purpose of providing our services or improving the quality of our services. By using Forge you agree to have your personal information shared with our partners or agents.

 

If you access or download Forge from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, Forge Applications, Inc., reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication. By continuing to use or log in to Forge after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to Forge.

 

These Terms of Service were last updated on 15 June 2022.

 

Limitations of Use

 

Do not use Forge in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with Forge or any of its associated features (including any technological measures we employ to enforce these Terms). By using Forge you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

• Modify, copy, prepare derivative works of, decompile, or reverse engineer Forge or any materials and software contained within Forge

• Remove any copyright or other proprietary notations from Forge or any materials and software contained within Forge

• Transfer Forge or any of its associated materials to another person or “mirror” the materials on any other server

• Knowingly or negligently use Forge or any of its associated services in a way that abuses or disrupts our networks or any other service Forge Applications, Inc. provides

• Use Forge or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material

• Use Forge in violation of any applicable laws or regulations

• Use Forge to send unauthorized advertising or spam

• Harvest, collect, or gather user data without the user’s consent, or

• Use Forge in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties

 

If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to remove Content, terminate your account, prohibit you from using Forge, and take appropriate legal actions.

 

Using Forge does not give you ownership of any intellectual property rights to content you access. You may not use content provided by or through Forge unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

 

Communication

 

When you use Forge or send communications to us through Forge, you are communicating with us electronically. You consent to receive electronically any communications related to your use of Forge. We may communicate with you by email or by posting notices on Forge. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account, or otherwise providing us with your email address, postal address, or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

 

Intellectual Property

 

The intellectual property in the materials in Forge are owned by or licensed to Forge Applications, Inc.. You may download or access Forge, to view, use, and display the application or related services on your device for your personal use only.

 

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by Forge Applications, Inc. at any time.

 

We may provide opportunities for you to submit text, photographs, videos, or other content (collectively, “Content”) to Forge. You can only submit Content if you own all the rights to that Content, or if another rights holder has given you permission.

 

You do not transfer ownership of your Content simply by submitting it. However, by submitting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, adapt, modify, create derivative works of, and otherwise use your Content.

 

Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using Forge.

 

You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you submit.

 

Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

 

We are not responsible for, and do not endorse, content created by any other person or entity. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any content created by another person or entity.

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Automatic Updates

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You give us permission to download and install updates to Forge on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Forge from your device.

 

Liability

 

Forge and the materials provided by and through Forge and on our website are provided on an 'as is' basis. To the extent permitted by law, neither Forge Applications, Inc. nor its agents or service providers makes any warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights. For example, we don’t make any commitments about the content within Forge, the specific function of Forge, the reliability of Forge, availability of Forge, or ability of Forge to meet your needs.

 

In no event shall Forge Applications, Inc. or its suppliers be liable for any indirect, special, incidental, exemplary, or consequential loss or damages suffered or incurred by you or any third party arising from the use or inability to use Forge or the materials in Forge, even if Forge Applications, Inc. or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

 

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, computer failure, violation of your rights by any third party, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

 

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

Accuracy of Materials

 

The materials provided by or through Forge are not comprehensive and are for general information purposes only. To the extent permitted by law, Forge Applications, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials provided by or through Forge, or otherwise relating to such materials or on any resources linked to Forge.

 

Links

 

Forge may contain links to third-party websites or display content hosted on third-party websites. Forge Applications, Inc. has not reviewed all of the sites linked to Forge or on its corresponding website and is not responsible for the contents of any such linked site, or any goods or services sold on those websites. Similarly, the sites may contain ads from third-parties. We do not control or endorse any products being advertised. The inclusion of any link does not imply endorsement, approval, or control by Forge Applications, Inc. of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

 

Forge may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Instagram, LinkedIn, Twitter, and YouTube (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites and the services provided through the sites is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

 

Notice regarding Apple

 

To the extent that you are using or accessing Forge on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Forge Applications, Inc. only, not with Apple Inc. (Apple), and Apple is not responsible for Forge and any materials available in Forge.

Apple has no obligation to furnish you with any maintenance and support services with respect to Forge.

 

If Forge fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Forge and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

 

Apple is not responsible for addressing any claims by you or any third party relating to Forge or your use of Forge, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

 

Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

 

You agree to comply with any applicable third-party terms when using Forge, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

 

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Modifications and Terminations

 

We may suspend or terminate your Forge account and right to use Forge and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we find your actions acceptable or that we are giving up any rights we may have such as taking action in the future.

 

We reserve the right to modify Forge at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using Forge at any time.

 

Severance

 

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

 

Governing Law

 

These Terms of Service are governed by and construed in accordance with the laws of the State of Delaware. You irrevocably submit to the exclusive jurisdiction of the courts in that State.

 

Acceptable Use Policy

 

This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Forge Applications, Inc. under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

 

Forge Applications, Inc. customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

 

Fair Use

 

We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

 

We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

 

Customer Accountability

 

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

 

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

 

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

 

Prohibited Activity

Copyright Infringement and Access to Unauthorized Material

 

Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

• Any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and

• Any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

 

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

 

SPAM and Unauthorized Message Activity

 

Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

 

Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

 

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

 

This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

 

Unethical, Exploitative, and Malicious Activity

 

Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

 

Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g., “hacking”, “cracking”, “phreaking”, etc.).

 

Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

 

Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

 

Other activities considered unethical, exploitative, and malicious include:

• Obtaining (or attempting to obtain) services from us with the intent to avoid payment

• Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment

• The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device

• Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals

• Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety

• Any act or omission in violation of consumer protection laws and regulations

• Any violation of a person’s privacy

 

Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

 

Unauthorized use of Forge Applications, Inc. Property

 

We prohibit the impersonation of Forge Applications, Inc., the representation of a significant business relationship with Forge Applications, Inc., or ownership of any Forge Applications, Inc. property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

 

About This Policy

 

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

 

 

We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

• The date the customer uses our Products after we publish the revised version on our website, or

• 30 days after we publish the revised version on our website