HubTermsOfService raw on - Chandler Project

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r6 - 29 Aug 2007 - 17:31:13 - PhilippeBossutYou are here: OSAF > Projects Web > HubTermsOfService
---+ Chandler Hub Terms of Service
Your use of the Hub requires agreement with the formal Terms of Service that will be described below.  (under development)
It's unfortunate that lengthy legal documents are required to agree on some fair terms, but it's important we do so, for both your protection and ours.
We'll try to describe briefly the spirit in which our Terms of Service has been created.  We look to be fair, open, and respectful of the community.  We're also looking to protect ourselves from harm so we can keep on providing the Chandler Hub service freely.
The major points of our Terms of Service are summarized for you here, however only the actual Terms of Service provided below the summary is binding upon you and OSAF.
---++ Terms of Service summary
   1 We have a [[https://www.chandlerproject.org/privacy][Privacy Policy]]; please read it.
   1 You might need to register for some features.  Don't use the Hub to do illegal things.
   1 Your content is yours.  But you need to give us some rights so the service can function, such as storing, backing up, debugging, and sharing your content with others you specify.
   1 We aren't responsible for web sites we link to.
   1 The content of our sites is provided under a license (Creative Commons Attribution Only 3.0 unported, specifically)
   1 We respond to DMCA copyright-related takedown requests.  We will work to ensure your rights as well as filers.  Know your rights and use them!
   1 The Hub services are provided with no warranty.  You aren't paying us anything for using the service, so it's unreasonable for you to expect money back if the service is not perfect.
   1 The Hub services are provided with no liability.  You aren't paying us anything for using the service, so even if you start to really rely on our service, it's unreasonable for you to expect money back if there's a server failure, security problem, or your employee misuses the service.
   1 We want to hear about any problems you have using our service so that we can improve it, but if you lose money, time, or anything else while using our service, your only remedy is to stop using it.
   1 We can terminate your account if we think it's necessary.
   1 If a court fines us because you did something stupid on the service, you should cover our fines and lawyer fees.
   1 The courts of Santa Clara are what we'll use; if there's an error in one part of this agreement, the rest still stands.
   1 We can change the terms as needed.
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---+ Open Source Applications Foundation
---++ Chandler Hub Terms of Service
---++ Last updated on August 29, 2007
Welcome to Chandler Hub, an online service offered by the [[http://www.osafoundation.org/][Open Source Applications Foundation]] (“<u>OSAF</u>”, or “us”, “we” or “our”).  Our Terms of Service govern your use of the OSAF Web sites (the “<u>Web Sites</u>”) and Chandler Hub service (collectively, the “<u>Service</u>”), and are intended to protect users from those few individuals who choose to act in an inappropriate manner.  By clicking the “I accept” button below, and/or by using the Service you agree to be bound by the following terms and conditions (the “<u>Terms of Service</u>” or “<u>Agreement</u>”), and you affirm that you are at least 18 years of age.  The Service is not intended for use by those under the age of 18, so please do not use the Service if you are not at least 18 years old.
---+++ 1. Privacy Policy
For information on how OSAF handles information which you may provide during your use of the Service, please review our Privacy Policy located at: [[https://www.chandlerproject.org/privacy][https://www.chandlerproject.org/privacy]], which is incorporated into and subject to these Terms of Service.  
---+++ 2. Use of Service
*General Use*.  OSAF grants you permission to use the Service provided that you comply with the terms and conditions of this Agreement.
*Registration*.  In order to access some features of the Service you will need to create an account.  Any personally identifiable information you provide during the registration process or otherwise will be used in accordance with our Privacy Policy.
*Protecting Your Password and URLs*.  Please protect the confidentiality of your password, as you are responsible for all activities that occur under your user name and password.  You agree that you will immediately notify us of any unauthorized use of your account or password.  One aspect of the Service allows you to provide third parties with access to the content you keep on the Service.  You provide such access, either with “read” privileges only or with both “read” and “write” privileges, by sending a link to third parties.  You are responsible for controlling the distribution of such links, and for any third party's access to your account and content on the Service via such links.  
*Prohibited Uses*.  The Service is provided as a free community benefit and is intended to provide a valuable and useful information management tool to small organizations and groups that may not otherwise have access to such services.  It is not intended for any illegal or other inappropriate uses, and you agree not to use the Service to: 
(a) commit any crime or further any illegal or unauthorized purpose; 
(b) sell a product or service on the Service, or to drive traffic to your Web site;
(c) copy, distribute, sell or otherwise exploit any aspect of the Service for any commercial purposes;
(d) copy, distribute, translate or modify the content available on the Service nor modify another Web site so as to falsely imply that it is associated with OSAF or Chandler Hub;
(e) create or submit unwanted email through the Service, otherwise known as “Spam”; 
(f) transmit any worms or viruses or any code of a destructive nature through the Service; or 
(g) upload, email, or otherwise make available on the Service any content that infringes upon any proprietary rights of a third party, such as copyrights, or that is otherwise illegal, harmful, abusive or otherwise objectionable.  
Your violation of any of sections a through g, above will result in the immediate termination of your account.
---+++ 3. User Content  
The Service allows you to post, transmit, or upload various types of information and content (“<u>User Content</u>”), and you represent and warrant to us that you either own such User Content or that you have written permission to use such User Content on our Service.  You agree not to post content that violates another person's rights of any kind, including but not limited to contractual, privacy, or Intellectual Property Rights (as defined below).  You further agree not to post any content that is unlawful, fraudulent, threatening, libelous, defamatory, racist, hateful, harassing, obscene, or otherwise objectionable.
While OSAF makes no claim of ownership with respect to your User Content, by providing such content you grant to OSAF a perpetual and royalty-free non-exclusive license to use, distribute, copy, modify, and display such content only as is reasonably required by OSAF to provide the Service.  
OSAF reserves the right to remove any content you provide, and terminate any accounts containing content, which content we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party's Intellectual Property Rights or these Terms of Service, or is not in keeping with the purpose and intended community benefit of the Service.
---+++ 4. Third Party Content  
The Service may contain content or links to third-party Web sites that are not owned or controlled by OSAF (“Third Party Content”).  OSAF has no control over, and assumes no responsibility for, such Third Party Content or the privacy policies or practices of any third party Web sites.  You agree to relieve OSAF of any and all liability arising from your use of any third-party Web sites or services, or third-party owned content.  
---+++ 5. OSAF Content
The content available on the Service, other than User Content and Third Party Content (collectively, the “<u>OSAF Content</u>”), and all related Intellectual Property Rights, is the exclusive property of OSAF and its licensors.  Except where otherwise expressly noted, the OSAF Content is licensed to you under the [[http://creativecommons.org/licenses/by/3.0][Creative Commons License, Attribution Only 3.0]].  Software that is downloadable from any of the OSAF Web Sites is licensed to you separately under the terms provided to you with such download.
For the purposes of this Agreement, “<u>Intellectual Property Rights</u>” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
---+++ 6. Copyrights
We will respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act.  If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated by any content on the Service and you want us to remove such content from the Service, you must provide us with the following information: 
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; 
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; 
(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; 
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
(f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  
For this notification to be effective, you must provide it to our designated copyright agent at: 
<verbatim>
OSAF Copyright Agent
copyright@osafoundation.org
543 Howard St, 5th floor
San Francisco, CA 94530
</verbatim>
---+++ 7. No Warranty
The Service is provided "AS-IS" without warranty of any kind.  OSAF specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or the absence or presence of latent or other defects or errors.  Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
---+++ 8. Limitation of Liability 
In no event will OSAF or any of its employees, directors or officers be liable to you for any damages of any kind arising from the provision or failure to provide the Service or otherwise relating to the subject matter of the Terms, including, without limitation, any direct, special, punitive, exemplary, consequential or other indirect damages of any kind, whether any such claim for damages is based on warranty, contract, tort (including negligence), or otherwise, even if OSAF has been advised of the possibility of such damages. Certain states and/or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.  
---+++ 9. Sole Remedy
In any event, your sole and exclusive remedy for any liability relating to or arising out of the service or these terms of service, regardless of the form in which any legal or equitable action may be brought, shall be for you to discontinue your use of the service.  
---+++ 10. Termination
You acknowledge and agree that we may, without notice and for any reason, including but not limited to any violation of these Terms of Service, terminate or suspend your account and your access to the Service or any of our other services.
---+++ 11. Indemnification
You agree to indemnify and hold OSAF and its parents, subsidiaries, affiliates, partners and licensors, and OSAF’s and their employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, any content you submit or otherwise make available through the Service, or your violation of these Terms of Service or of any rights of a third party.
---+++ 12. General
*Governing Law*.  You agree that OSAF and the Service shall be deemed solely based in California, and that the Service shall be deemed a passive Web site that does not give rise to personal jurisdiction over OSAF, either specific or general, in jurisdictions other than California.  These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.  
*Entire Agreement/Severability*.  These Terms of Service constitute the entire agreement between you and OSAF with respect to the subject matter hereof and supersede any prior agreement.  In the event that any provision of these Terms of Service is held by a court to be unenforceable, the remaining provisions will continue in full force and effect.
---+++ 13. Changes to these Terms of Service
We may modify these Terms of Service at any time and without notice, so please review them periodically so that you are aware of any such modification.  
We reserve the right to modify or terminate the Service or any other OSAF service, or any user account for any reason, at any time and without notice.