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Open Source Website (OSW) - Terms of Use |
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OpenSourceWebSite ("OSW") provide this web site (the "Website") as a public service to our users.
Please read these Terms carefully before using this Website. By using this Website, you has accepted these Terms of Service ("TOS"). If you do not accept these TOS, do not use the Website.
OSW may update the TOS at any time and without prior notice. Your continued use of this Website after changes to the TOS have been published constitutes your binding acceptance of the updated TOS. If at any time the TOS are no longer acceptable to you, you should immediately cease all use of this Website.
The purpose of OpenSourceWebsite is to show where open source principles are changing our world today, and to create an open dialog around where these principles are headed in the future. The site is designed to share information, ideas, and news relating to open source and the open source way. It is also designed to encourage the creation of a user community through contributions to written content and reader comments. Our hope is that the site is accessible and welcoming in order to broaden the audience for both understanding and applying the open source way.
OSW provides you with access variety of services. ("OSW Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current OSW Service shall be subject to the TOS.
You understand that all information, data, text, software, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not OSW, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the OSW Service. OSW does not control the Content posted via the OSW Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will OSW be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the OSW Service.
You agree to not use the OSW Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the OSW Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
- 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;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
- 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 or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;
- interfere with or disrupt the OSW Service or servers or networks connected to the OSW Service, or disobey any requirements, procedures, policies or regulations of networks connected to the OSW Service;
- intentionally or unintentionally violate any applicable local, state, national or international law,
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that OSW may or may not pre-screen Content, but that OSW and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the OSW Service and which violates the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
OSW does not claim ownership of Content you submit or make available for inclusion via the OSW Service. However, with respect to Content you submit or make available for inclusion on the publicly available OSW Service, you irrevocably grant OSW the perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, in whole or in part, on the OSW Service or other publications by OSW in any media whether now existing or which come into the existence into the future and to provide that information under the license set forth on the initial page of the http://www.opensource.org/ Web site. And for Content you submit for private discussions, you grant OSW the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the associated private discussion group.
Your use of this Website is subject to all applicable local, state, national and international laws and regulations. Any attempt by any person to deliberately damage this Website is a violation of criminal and civil laws. OSW reserves the right to seek damages from any such person to the fullest extent permitted by law.
You agree to indemnify and hold OSW and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the OSW Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You acknowledge that OSW may establish general practices and limits concerning use of the OSW Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the OSW Service. You further acknowledge that OSW reserves the right to modify these general practices and limits from time to time. OSW reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the OSW Service (or any part thereof) with or without notice. You agree that OSW shall not be liable to you or to any third party for any modification, suspension or discontinuance of the OSW Service.
Termination
You agree that OSW may terminate your access to the OSW Service for violations of the TOS and/or requests by authorized law enforcement or other government agencies.
The OSW Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because OSW has no control over such sites and resources, you acknowledge and agree that OSW is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that OSW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You expressly understand and agree that: your use of the OSW service is at your sole risk. OSW service is provided on an "as is" and "as available" basis. OSW and its subsidiaries, affiliates, officers, employees and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. OSW and its subsidiaries, affiliates, officers, employees and licensors make no warranty that
- OSW service will meet your requirements;
- OSW service will be uninterrupted, timely, secure or error-free and
- The results that may be obtained from the use of OSW service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from OSW or through or from the service shall create any warranty not expressly stated in the TOS.
To the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequetial damages, portions of the above limitation or exclusion may not apply.
You expressly understand and agree that OSW and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OSW has been advised of the possibility of such damages), resulting from the use or the inability to use the OSW service.
Registration Data and certain other information about you is subject to our Privacy Policy.
OSW's failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
These TOS do not confer any third-party beneficiary rights.
These TOS supersede all previous agreements, understandings, and arrangements between the parties, whether oral or written, and constitutes the entire agreement between the parties regarding the subject matter herein.
These TOS are in the English language only, which language shall be controlling in all respects, and all versions of this Agreement in any other language shall be for accommodation only and shall not be binding.
OSW does not promote or discriminate against any person, population group, or organization with regard to categories protected by international law, as well as other categories identified by OSW in alignment with our own Human Resources policies. These include, but are not limited to race, color, ancestry, religion, sex, sexual orientation, gender expression, physical appearance, citizenship, marital status, language, education background, national origin, age, disability, and veteran status. We also consider qualified applicants regardless of criminal histories, consistent with legal requirements.
In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please mail to hello@opensourcewebsite.org.