Terms Of Use
Author profile: XOOPS Core Team
The Team Leaders form the XOOPS Core Team, which is headed by Herko. This Team is responsible for the Big Picture, where all the work of all the Teams come together and make a bigger whole.
Terms And Conditions Of Use
undefined1. ACCEPTANCE OF TERMS
The XOOPS organisation ("XOOPS"), comprised of the internet sites www.xoops.org,
modules.xoops.org, themes.xoops.org, dev.xoops.org (the "the XOOPS
Sites"), provides the information and services on the the XOOPS Sites
to you, the user, conditioned upon your acceptance, without
modification, of the terms and conditions of use ("Terms") contained
herein. Your use of the the XOOPS Sites constitutes agreement with such
Terms.
Before using the XOOPS Sites, please carefully read this
agreement relating to your use of the XOOPS Sites. By using the XOOPS
Sites, you agree to be bound by these terms and conditions. If you do
not agree to these terms and conditions, please do not use the XOOPS
Sites.
XOOPS reserves the right, at XOOPS's sole discretion, to
change, modify, add or remove portions of these Terms periodically.
Such modifications shall be effective immediately upon posting of the
modified agreement to the website unless provided otherwise (e.g., when
implementing major, substantive changes, XOOPS intends to provide users
with up to fourteen days of advance notice). Your continued use of the
the XOOPS Sites following the posting of changes to these Terms will
mean that you accept those changes.
Use of the XOOPS Sites
constitutes full acceptance of and agreement to the Terms; if a user
does not accept XOOPS's Terms, he or she is not granted rights to use
the XOOPS Sites as defined herein, and should refrain from accessing
the XOOPS Sites.
To update these Terms, XOOPS will post both the changed version and its effective date at www.XOOPS.org
XOOPS
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, any or all the XOOPS Sites (or
any part thereof). XOOPS shall not be liable to any user or other third
party for any such modification, suspension or discontinuance except as
expressly provided herein.
2. NO UNLAWFUL OR PROHBIITED USE
By
using the XOOPS Sites, you warrant to XOOPS that you will not use the
XOOPS Sites, or any of the content obtained from the XOOPS Sites, for
any purpose that is unlawful or prohibited by these Terms. If you
violate any of these Terms, your permission to use the XOOPS Sites
automatically terminates.
3. DESCRIPTION OF SERVICES
The
the XOOPS Sites are owned and operated by XOOPS for the purpose of
software development, discussion, implementation and innovation (the
"Purpose"). The the XOOPS Sites provide technology news, tools,
products and education for the IT and developer community as well as
the userbase of the XOOPS System.
4. REGISTRATION OBLIGATIONS
When
requested, each XOOPS Site user must: (1) personally provide true,
accurate, current and complete information on the XOOPS Site's
registration form (collectively, the "Registration Data") and (2)
maintain and promptly update the Registration Data as necessary to keep
it true, accurate, current and complete. If, after investigation, XOOPS
has reasonable grounds to suspect that any user's information is
untrue, inaccurate, not current or incomplete, XOOPS may suspend or
terminate that user's account and prohibit any and all current or
future use of the the XOOPS Sites (or any portion thereof) by that user
other than as expressly provided herein.
Each user will receive
passwords and account designations upon completing certain XOOPS Site
registration processes and is wholly responsible for maintaining the
confidentiality thereof and wholly liable for all activities occurring
thereunder. XOOPS cannot and will not be liable for any loss or damage
arising from a user's failure to comply with this Section 4, including
any loss or damage arising from any user's failure to: (1) immediately
notify XOOPS of any unauthorized use of his or her password or account
or any other breach of security; and (2) ensure that he or she exits
from his or her account at the end of each session.
XOOPS handles user Registration Data in accordance with the the XOOPS Sites' Privacy Policy.
5. CONTENT
All
information, data, text, software, music, sound, photographs, graphics,
video, messages, or any other materials whatsoever (collectively,
"Content"), whether publicly posted or privately transmitted, is the
sole responsibility of the person from whom such Content originated.
This means that the user, and not XOOPS, is entirely responsible for
all Content that he or she uploads, posts, emails or otherwise
transmits via the the XOOPS Sites. No user shall transmit Content or
otherwise conduct or participate in any activities on the XOOPS Sites
that, in the judgment of XOOPS, is likely to be prohibited by law in
any applicable jurisdiction, including laws governing the encryption of
software, the export of technology, the transmission of obscenity, or
the permissible uses of intellectual property.
XOOPS reserves
the right to refuse or delete any Content of which it becomes aware and
reasonably deems not to fulfill the Purpose. In addition, XOOPS shall
have the right (but not the obligation) in its sole discretion to
refuse or delete any Content that it reasonably considers to violate
the Terms or be otherwise illegal. XOOPS, in its sole and absolute
discretion, may preserve Content and may also disclose Content if
required to do so by law or judicial or governmental mandate or as
reasonably determined useful by XOOPS to protect the rights, property,
or personal safety of the XOOPS Sites' users and the public. XOOPS does
not control the Content posted to the the XOOPS Sites and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will XOOPS be liable in any way for any Content,
including, but not limited to, liability for any errors or omissions in
any Content or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise transmitted via
the XOOPS Sites.
Each user, by using the XOOPS Sites, may be
exposed to Content that is offensive, indecent or objectionable. Each
user 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.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE the XOOPS SITES:
Use,
reproduction, modification, and other intellectual property rights to
data stored on the the XOOPS Sites will be subject to licensing
arrangements that may be approved by XOOPS as applicable to such
Content. For the XOOPS Site SourceForge.net, use, reproduction,
modification, and other intellectual property rights to data stored in
CVS or as a file release and posted by any user on cvs.xoops.org
("Source Code") shall be subject to the OSI-approved license applicable
to such Source Code, or to such other licensing arrangements as may be
approved by XOOPS as applicable to such Source Code.
With
respect to text or data entered into and stored by publicly-accessible
site features such as forums, comments and bug trackers ("XOOPS Public
Content"), the submitting user retains ownership of such XOOPS Public
Content; with respect to publicly-available statistical content which
is generated by the site to monitor and display content activity, such
content is owned by XOOPS. In each such case, the submitting user
grants XOOPS the royalty-free, perpetual, irrevocable, non-exclusive,
transferable license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and
display such Content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed, all subject to the terms of any applicable license.
With
respect to Content posted to private areas of the XOOPS Site
dev.xoops.org (e.g., private development tools or mail), the submitting
user may grant to XOOPS or other dev.xoops.org users such rights and
licenses as the submitting dev.xoops.org user deems appropriate.
Content
located on any XOOPS-hosted subdomain which is subject to the sole
editorial control of the owner or licensee of such subdomain, shall be
subject to the appropriate license applicable to such Content, or to
such other licensing arrangements as may be approved by XOOPS as
applicable to such Content.
7. NO RESALE OF SERVICE
You
agree not to sell, resell, or offer for any commercial purposes, any
portion of the the XOOPS Sites, use of the the XOOPS Sites, or access
to the the XOOPS Sites.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
XOOPS
may establish general practices and limits concerning use of the the
XOOPS Sites. While XOOPS will use reasonable efforts to back up site
data and make such data available in the event of loss or deletion,
XOOPS has no responsibility or liability for the deletion or failure to
store any messages and other communications or other Content maintained
or transmitted by any XOOPS Site. XOOPS reserves the right to mark as
"inactive" and archive accounts and/or Content that are inactive for an
extended period of time. XOOPS reserves the right to change these
general practices at any time, in its sole discretion, with notice to
users and the public as described in Section 1 above.
9. TERMINATION
XOOPS
may terminate a user's account in XOOPS's absolute discretion and for
any reason. XOOPS is especially likely to terminate for reasons that
include, but are not limited to, the following: (1) violation of these
Terms; (2) abuse of site resources or attempt to gain unauthorized
entry to the site or site resources; (3) use of an XOOPS Site in a
manner inconsistent with the Purpose; (4) a user's request for such
termination; or (4) as required by law, regulation, court or governing
agency order.
XOOPS's termination of any user's access to any or
all the XOOPS Sites may be effected without notice and, on such
termination, XOOPS may immediately deactivate or delete user's account
and/or bar any further access to such files. XOOPS shall not be liable
to any user or other third party for any termination of that user's
access or account hereunder. In addition, a user's request for
termination will result in deactivation but not necessarily deletion of
the account. XOOPS reserves the right to delete, or not delete, a
user's account at XOOPS's sole discretion, as well as to delete, or not
delete, content at XOOPS's sole discretion.
10. LINKS
XOOPS,
any XOOPS Site or a third party may provide links to other websites.
XOOPS exercises no control whatsoever over such other websites and
web-based resources and is not responsible or liable for the
availability thereof or the Content, advertising, products or other
materials thereon. XOOPS shall not be responsible or liable, directly
or indirectly, for any damage or loss incurred or suffered by any user
in connection therewith. Your access and use of linked websites,
including information, material, products and services therein, is
solely at your own risk.
The the XOOPS Sites' Privacy Statement
is applicable only when you are on an XOOPS Site. Once you choose to
link to another website, you should read that website's privacy
statement before disclosing any personal information.
11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each
user shall indemnify, defend and hold harmless XOOPS, and its parent
corporation and affiliates and their respective officers, employees and
agents, and each of XOOPS's website partners, from any and all claims,
demands, damages, costs, and liabilities including reasonable
attorneys' fees, made by any third party due to or arising out of that
user's acts or omissions, including claims arising out of that user's
use of the the XOOPS Sites; his or her submission, posting or
transmission of Content or his or her violation of the Terms.
EACH
USER'S USE OF THE XOOPS SITES IS AT HIS OR HER SOLE RISK. THE XOOPS
SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND XOOPS
ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR
FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. XOOPS EXPRESSLY DISCLAIMS 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. SPECIFICALLY, XOOPS MAKES NO WARRANTY THAT (i) THE
XOOPS SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii)
ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
(iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS,
AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY
DAMAGES ARISING OUT OF XOOPS'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
XOOPS SHALL NOT BE LIABLE 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 XOOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY XOOPS
SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE THE XOOPS SITES;
OR ANY OTHER MATTER RELATING TO THE XOOPS SITES. IN NO EVENT SHALL
XOOPS'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER
THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP,
JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP
OF ANY KIND BETWEEN XOOPS AND ANY USER OR OTHER PERSON OR ENTITY NOR DO
THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED
ABOVE, XOOPS DOES NOT AND CANNOT CONTROL THE ACTIONS OF XOOPS SITE
USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT
ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE
AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE
ACCESS TO THE XOOPS SITES. OPERATION OF the XOOPS Sites MAY BE SUBJECT
TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER,
SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY
MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE
WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY
APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF
CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION
BY XOOPS.
12. COPYRIGHTS
XOOPS respects the
intellectual property rights of others, and requires that the people
who use the the XOOPS Sites do the same. It is our policy to respond
promptly to claims of intellectual property misuse.
If you
believe that your work has been copied and is accessible on this site
in a way that constitutes copyright infringement, you may notify us by
providing our copyright agent with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3)
identification of the material that is claimed to be infringing and
information reasonably sufficient to permit XOOPS to locate the
material, including the full URL.
(4) your name, address, telephone number, and email address.
(5)
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
(6)
a statement, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or are
authorized to act on the copyright owner's behalf.
If XOOPS
receives such a claim, XOOPS reserves the right to refuse or delete
Content as described under Section 5 hereto, or to terminate a user's
account in accordance with Section 9.
Our designated agent to
receive notification of claimed infringement under the Digital
Millennium Copyright Act OF 1998 ("DMCA") is:
Herko Coomans
Core Team Leader, XOOPS
herko@XOOPS.org
After
receiving a claim of infringement, XOOPS will process and investigate
notices of alleged infringement and will take appropriate actions under
the DMCA and other applicable intellectual property laws. Upon receipt
of notices complying or substantially complying with the DMCA, XOOPS
will act expeditiously to remove or disable access to any material
claimed to be infringing or claimed to be the subject of infringing
activity, and will act expeditiously to remove or disable access to any
reference or link to material or activity that is claimed to be
infringing. XOOPS will take reasonable steps to expeditiously notify
the subscriber that it has removed or disabled access to such material.
Upon
receipt of a proper counter notification under the DMCA, XOOPS will
promptly provide the person who provided the initial notification of
claimed infringement with a copy of the counter notification and inform
that person that it will replace the removed material or cease
disabling access to it in ten (10) to fourteen (14) business days.
Additionally, XOOPS will replace the removed material and cease
disabling access to it ten (10) to fourteen (14) business days
following receipt of the counter notice, unless XOOPS's designated
agent first receives notice from the person who submitted the initial
notification that such person has filed an action seeking a court order
to restrain the subscriber from engaging in infringing activity
relating to the material on the XOOPS system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(2)
identification of the material that has been removed or to which access
has been disabled, and the location at which the material appeared
before it was removed or access to it was disabled, including the full
URL;
(3) a statement under penalty of perjury that you have a
good faith belief that the material was removed or disabled as a result
of mistake or misidentification of the material to be removed or
disabled;
(4) your name, address, and telephone number, and a
statement that you consent to the jurisdiction of Federal District
Court for the judicial district in which your address is located, or if
your address is outside of the United States, for any judicial district
in which XOOPS may be found and that you will accept service of process
from the person who provided the initial notification of infringement.
13. GENERAL INFORMATION
The
Terms constitute the entire agreement between each user and XOOPS and
govern each user's use of the XOOPS Sites, superseding any prior
agreements. Each user may be subject to additional terms and conditions
that may apply when that user uses affiliate services, third party
content or third party software. The Terms and the relationship between
each user and XOOPS shall be governed by the laws of the State of
California without regard to its conflict of law provisions and each
party shall submit to the personal and exclusive jurisdiction of the
courts located within the county of Santa Clara, California. If any
provision of the Terms is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms remain in full force
and effect.
14. VIOLATIONS
Please report any
violations of the Terms (except for claims of intellectual property
infringement) to the XOOPS Site Director at webmaster@XOOPS.org
The XOOPS organisation ("XOOPS"), comprised of the internet sites www.xoops.org,
modules.xoops.org, themes.xoops.org, dev.xoops.org (the "the XOOPS
Sites"), provides the information and services on the the XOOPS Sites
to you, the user, conditioned upon your acceptance, without
modification, of the terms and conditions of use ("Terms") contained
herein. Your use of the the XOOPS Sites constitutes agreement with such
Terms.
Before using the XOOPS Sites, please carefully read this
agreement relating to your use of the XOOPS Sites. By using the XOOPS
Sites, you agree to be bound by these terms and conditions. If you do
not agree to these terms and conditions, please do not use the XOOPS
Sites.
XOOPS reserves the right, at XOOPS's sole discretion, to
change, modify, add or remove portions of these Terms periodically.
Such modifications shall be effective immediately upon posting of the
modified agreement to the website unless provided otherwise (e.g., when
implementing major, substantive changes, XOOPS intends to provide users
with up to fourteen days of advance notice). Your continued use of the
the XOOPS Sites following the posting of changes to these Terms will
mean that you accept those changes.
Use of the XOOPS Sites
constitutes full acceptance of and agreement to the Terms; if a user
does not accept XOOPS's Terms, he or she is not granted rights to use
the XOOPS Sites as defined herein, and should refrain from accessing
the XOOPS Sites.
To update these Terms, XOOPS will post both the changed version and its effective date at www.XOOPS.org
XOOPS
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, any or all the XOOPS Sites (or
any part thereof). XOOPS shall not be liable to any user or other third
party for any such modification, suspension or discontinuance except as
expressly provided herein.
2. NO UNLAWFUL OR PROHBIITED USE
By
using the XOOPS Sites, you warrant to XOOPS that you will not use the
XOOPS Sites, or any of the content obtained from the XOOPS Sites, for
any purpose that is unlawful or prohibited by these Terms. If you
violate any of these Terms, your permission to use the XOOPS Sites
automatically terminates.
3. DESCRIPTION OF SERVICES
The
the XOOPS Sites are owned and operated by XOOPS for the purpose of
software development, discussion, implementation and innovation (the
"Purpose"). The the XOOPS Sites provide technology news, tools,
products and education for the IT and developer community as well as
the userbase of the XOOPS System.
4. REGISTRATION OBLIGATIONS
When
requested, each XOOPS Site user must: (1) personally provide true,
accurate, current and complete information on the XOOPS Site's
registration form (collectively, the "Registration Data") and (2)
maintain and promptly update the Registration Data as necessary to keep
it true, accurate, current and complete. If, after investigation, XOOPS
has reasonable grounds to suspect that any user's information is
untrue, inaccurate, not current or incomplete, XOOPS may suspend or
terminate that user's account and prohibit any and all current or
future use of the the XOOPS Sites (or any portion thereof) by that user
other than as expressly provided herein.
Each user will receive
passwords and account designations upon completing certain XOOPS Site
registration processes and is wholly responsible for maintaining the
confidentiality thereof and wholly liable for all activities occurring
thereunder. XOOPS cannot and will not be liable for any loss or damage
arising from a user's failure to comply with this Section 4, including
any loss or damage arising from any user's failure to: (1) immediately
notify XOOPS of any unauthorized use of his or her password or account
or any other breach of security; and (2) ensure that he or she exits
from his or her account at the end of each session.
XOOPS handles user Registration Data in accordance with the the XOOPS Sites' Privacy Policy.
5. CONTENT
All
information, data, text, software, music, sound, photographs, graphics,
video, messages, or any other materials whatsoever (collectively,
"Content"), whether publicly posted or privately transmitted, is the
sole responsibility of the person from whom such Content originated.
This means that the user, and not XOOPS, is entirely responsible for
all Content that he or she uploads, posts, emails or otherwise
transmits via the the XOOPS Sites. No user shall transmit Content or
otherwise conduct or participate in any activities on the XOOPS Sites
that, in the judgment of XOOPS, is likely to be prohibited by law in
any applicable jurisdiction, including laws governing the encryption of
software, the export of technology, the transmission of obscenity, or
the permissible uses of intellectual property.
XOOPS reserves
the right to refuse or delete any Content of which it becomes aware and
reasonably deems not to fulfill the Purpose. In addition, XOOPS shall
have the right (but not the obligation) in its sole discretion to
refuse or delete any Content that it reasonably considers to violate
the Terms or be otherwise illegal. XOOPS, in its sole and absolute
discretion, may preserve Content and may also disclose Content if
required to do so by law or judicial or governmental mandate or as
reasonably determined useful by XOOPS to protect the rights, property,
or personal safety of the XOOPS Sites' users and the public. XOOPS does
not control the Content posted to the the XOOPS Sites and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will XOOPS be liable in any way for any Content,
including, but not limited to, liability for any errors or omissions in
any Content or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise transmitted via
the XOOPS Sites.
Each user, by using the XOOPS Sites, may be
exposed to Content that is offensive, indecent or objectionable. Each
user 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.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE the XOOPS SITES:
Use,
reproduction, modification, and other intellectual property rights to
data stored on the the XOOPS Sites will be subject to licensing
arrangements that may be approved by XOOPS as applicable to such
Content. For the XOOPS Site SourceForge.net, use, reproduction,
modification, and other intellectual property rights to data stored in
CVS or as a file release and posted by any user on cvs.xoops.org
("Source Code") shall be subject to the OSI-approved license applicable
to such Source Code, or to such other licensing arrangements as may be
approved by XOOPS as applicable to such Source Code.
With
respect to text or data entered into and stored by publicly-accessible
site features such as forums, comments and bug trackers ("XOOPS Public
Content"), the submitting user retains ownership of such XOOPS Public
Content; with respect to publicly-available statistical content which
is generated by the site to monitor and display content activity, such
content is owned by XOOPS. In each such case, the submitting user
grants XOOPS the royalty-free, perpetual, irrevocable, non-exclusive,
transferable license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and
display such Content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed, all subject to the terms of any applicable license.
With
respect to Content posted to private areas of the XOOPS Site
dev.xoops.org (e.g., private development tools or mail), the submitting
user may grant to XOOPS or other dev.xoops.org users such rights and
licenses as the submitting dev.xoops.org user deems appropriate.
Content
located on any XOOPS-hosted subdomain which is subject to the sole
editorial control of the owner or licensee of such subdomain, shall be
subject to the appropriate license applicable to such Content, or to
such other licensing arrangements as may be approved by XOOPS as
applicable to such Content.
7. NO RESALE OF SERVICE
You
agree not to sell, resell, or offer for any commercial purposes, any
portion of the the XOOPS Sites, use of the the XOOPS Sites, or access
to the the XOOPS Sites.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
XOOPS
may establish general practices and limits concerning use of the the
XOOPS Sites. While XOOPS will use reasonable efforts to back up site
data and make such data available in the event of loss or deletion,
XOOPS has no responsibility or liability for the deletion or failure to
store any messages and other communications or other Content maintained
or transmitted by any XOOPS Site. XOOPS reserves the right to mark as
"inactive" and archive accounts and/or Content that are inactive for an
extended period of time. XOOPS reserves the right to change these
general practices at any time, in its sole discretion, with notice to
users and the public as described in Section 1 above.
9. TERMINATION
XOOPS
may terminate a user's account in XOOPS's absolute discretion and for
any reason. XOOPS is especially likely to terminate for reasons that
include, but are not limited to, the following: (1) violation of these
Terms; (2) abuse of site resources or attempt to gain unauthorized
entry to the site or site resources; (3) use of an XOOPS Site in a
manner inconsistent with the Purpose; (4) a user's request for such
termination; or (4) as required by law, regulation, court or governing
agency order.
XOOPS's termination of any user's access to any or
all the XOOPS Sites may be effected without notice and, on such
termination, XOOPS may immediately deactivate or delete user's account
and/or bar any further access to such files. XOOPS shall not be liable
to any user or other third party for any termination of that user's
access or account hereunder. In addition, a user's request for
termination will result in deactivation but not necessarily deletion of
the account. XOOPS reserves the right to delete, or not delete, a
user's account at XOOPS's sole discretion, as well as to delete, or not
delete, content at XOOPS's sole discretion.
10. LINKS
XOOPS,
any XOOPS Site or a third party may provide links to other websites.
XOOPS exercises no control whatsoever over such other websites and
web-based resources and is not responsible or liable for the
availability thereof or the Content, advertising, products or other
materials thereon. XOOPS shall not be responsible or liable, directly
or indirectly, for any damage or loss incurred or suffered by any user
in connection therewith. Your access and use of linked websites,
including information, material, products and services therein, is
solely at your own risk.
The the XOOPS Sites' Privacy Statement
is applicable only when you are on an XOOPS Site. Once you choose to
link to another website, you should read that website's privacy
statement before disclosing any personal information.
11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each
user shall indemnify, defend and hold harmless XOOPS, and its parent
corporation and affiliates and their respective officers, employees and
agents, and each of XOOPS's website partners, from any and all claims,
demands, damages, costs, and liabilities including reasonable
attorneys' fees, made by any third party due to or arising out of that
user's acts or omissions, including claims arising out of that user's
use of the the XOOPS Sites; his or her submission, posting or
transmission of Content or his or her violation of the Terms.
EACH
USER'S USE OF THE XOOPS SITES IS AT HIS OR HER SOLE RISK. THE XOOPS
SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND XOOPS
ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR
FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. XOOPS EXPRESSLY DISCLAIMS 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. SPECIFICALLY, XOOPS MAKES NO WARRANTY THAT (i) THE
XOOPS SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii)
ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
(iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS,
AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY
DAMAGES ARISING OUT OF XOOPS'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
XOOPS SHALL NOT BE LIABLE 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 XOOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY XOOPS
SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE THE XOOPS SITES;
OR ANY OTHER MATTER RELATING TO THE XOOPS SITES. IN NO EVENT SHALL
XOOPS'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER
THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP,
JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP
OF ANY KIND BETWEEN XOOPS AND ANY USER OR OTHER PERSON OR ENTITY NOR DO
THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED
ABOVE, XOOPS DOES NOT AND CANNOT CONTROL THE ACTIONS OF XOOPS SITE
USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT
ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE
AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE
ACCESS TO THE XOOPS SITES. OPERATION OF the XOOPS Sites MAY BE SUBJECT
TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER,
SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY
MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE
WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY
APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF
CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION
BY XOOPS.
12. COPYRIGHTS
XOOPS respects the
intellectual property rights of others, and requires that the people
who use the the XOOPS Sites do the same. It is our policy to respond
promptly to claims of intellectual property misuse.
If you
believe that your work has been copied and is accessible on this site
in a way that constitutes copyright infringement, you may notify us by
providing our copyright agent with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3)
identification of the material that is claimed to be infringing and
information reasonably sufficient to permit XOOPS to locate the
material, including the full URL.
(4) your name, address, telephone number, and email address.
(5)
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
(6)
a statement, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or are
authorized to act on the copyright owner's behalf.
If XOOPS
receives such a claim, XOOPS reserves the right to refuse or delete
Content as described under Section 5 hereto, or to terminate a user's
account in accordance with Section 9.
Our designated agent to
receive notification of claimed infringement under the Digital
Millennium Copyright Act OF 1998 ("DMCA") is:
Herko Coomans
Core Team Leader, XOOPS
herko@XOOPS.org
After
receiving a claim of infringement, XOOPS will process and investigate
notices of alleged infringement and will take appropriate actions under
the DMCA and other applicable intellectual property laws. Upon receipt
of notices complying or substantially complying with the DMCA, XOOPS
will act expeditiously to remove or disable access to any material
claimed to be infringing or claimed to be the subject of infringing
activity, and will act expeditiously to remove or disable access to any
reference or link to material or activity that is claimed to be
infringing. XOOPS will take reasonable steps to expeditiously notify
the subscriber that it has removed or disabled access to such material.
Upon
receipt of a proper counter notification under the DMCA, XOOPS will
promptly provide the person who provided the initial notification of
claimed infringement with a copy of the counter notification and inform
that person that it will replace the removed material or cease
disabling access to it in ten (10) to fourteen (14) business days.
Additionally, XOOPS will replace the removed material and cease
disabling access to it ten (10) to fourteen (14) business days
following receipt of the counter notice, unless XOOPS's designated
agent first receives notice from the person who submitted the initial
notification that such person has filed an action seeking a court order
to restrain the subscriber from engaging in infringing activity
relating to the material on the XOOPS system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(2)
identification of the material that has been removed or to which access
has been disabled, and the location at which the material appeared
before it was removed or access to it was disabled, including the full
URL;
(3) a statement under penalty of perjury that you have a
good faith belief that the material was removed or disabled as a result
of mistake or misidentification of the material to be removed or
disabled;
(4) your name, address, and telephone number, and a
statement that you consent to the jurisdiction of Federal District
Court for the judicial district in which your address is located, or if
your address is outside of the United States, for any judicial district
in which XOOPS may be found and that you will accept service of process
from the person who provided the initial notification of infringement.
13. GENERAL INFORMATION
The
Terms constitute the entire agreement between each user and XOOPS and
govern each user's use of the XOOPS Sites, superseding any prior
agreements. Each user may be subject to additional terms and conditions
that may apply when that user uses affiliate services, third party
content or third party software. The Terms and the relationship between
each user and XOOPS shall be governed by the laws of the State of
California without regard to its conflict of law provisions and each
party shall submit to the personal and exclusive jurisdiction of the
courts located within the county of Santa Clara, California. If any
provision of the Terms is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms remain in full force
and effect.
14. VIOLATIONS
Please report any
violations of the Terms (except for claims of intellectual property
infringement) to the XOOPS Site Director at webmaster@XOOPS.org
