OPENDOF PROJECT, INC. TERMS OF USE
March 18, 2015
Terms and Conditions of Use for the OpenDOF Project Web Site
BY ACCESSING, BROWSING OR USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
This Web site is a service made available by the OpenDOF Project, Inc. (“the Project”). All software, documentation, information and/or other materials provided on and through this Web site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).
This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The Content on this Web site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. The Project may also make improvements and/or changes to the Content at any time without notice.
The Project and its members (“Members”) assume no responsibility regarding the accuracy of the Content and use of the Content is at the recipient’s own risk. The Project and the Members provide no assurances that any reported problems with any Content will be resolved.
Intellectual Property Rights
Except as otherwise provided, Content on this site, including all materials posted by the the Project, is licensed under a Creative Commons Attribution 4.0 International License.
All logos and trademarks contained on this Web site are and remain the property of their respective owners. With respect to any logo or trademark owned by a third party, no licenses or other rights in or to such logos and/or trademarks are granted. Open source or Creative Commons licenses do not include licenses to use trademarks that might be included in the code or materials. Some uses of word marks may be permitted as fair or nominative use when necessary or appropriate. Open source or Creative Commons licenses always permit the removal of any tradename, mark or logo if use is unlicensed. If you have any questions regarding proper use of trademarks or logos displayed on the opendof.org website, please contact trademark@opendof.org.
Except as expressly provided in the Project’s Trademark Policy, no right is granted or should be implied to use trademarks or logos owned by the Project.
Except as otherwise expressly stated, by providing the Content, neither the Project nor the Members grant any licenses to any copyrights, patents or any other intellectual property rights.
Users Submissions
Users are solely responsible for all materials, whether publicly posted or privately transmitted, that users upload, post, e-mail, transmit, or otherwise make available on our sites (“User Content”). Neither the Project nor any of its Members shall be liable for any claims arising out of User Content. You warrant that you have all rights needed to provide the User Content in accordance with these terms and all applicable laws or regulations.
Some Project Workgroups or other projects that may be hosted by the Project may have license terms that are specific to the Workgroup or project and may provide a process, which may include a Contribution Agreement, for the submissions made to such Workgroup or project. In all such cases, and to the extent there is a conflict, those license terms or agreements take precedence over these Terms of Use. With respect to any User Content not governed by other Workgroup or project specific terms or agreements, you agree that the following non-exclusive, irrevocable, royalty-free worldwide licenses shall apply:
Code Submissions. User Content in the form of source or object code will be governed by the explicit terms of the ISC License.
All Other Submissions. User Content that is not in the form of source or object code, including but not limited to white papers, dissertations, articles or other literary works, power point presentations, encyclopedias, anthologies, wikis, blogs, diagrams, drawings, sketches, photos or other images, audio content, video content and audiovisual materials, will be governed by the Creative Commons Attribution 4.0 International License.
The Project and the Members do not want to receive confidential information from you through this Web site. Please note that any information or material sent to the Project or the Members will be deemed NOT to be confidential.
You are prohibited from posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Disclaimers and Limitations of Liability
The Project and the Members make no representations whatsoever about any other Web site that you may access through this Web site. When you access a non-Project Web site, even one that may contain the Project’s name or mark, please understand that it is independent from the Project, and that the Project and the Members have no control over the content on such Web site. In addition, a link to a non-Project Web site does not mean that the Project or the Members endorse or accept any responsibility for the content, or the use, of such Web site.
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
IN NO EVENT WILL THE PROJECT AND/OR THE MEMBERS BE LIABLE TO YOU (AN INDIVIDUAL OR ENTITY) OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO ANY USE OF THIS WEB SITE, THE CONTENT, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF THE PROJECT OR THE MEMBERS ARE EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
ALL CONTENT IS PROVIDED BY THE PROJECT AND/OR THE MEMBERS ON AN “AS IS” BASIS ONLY. THE PROJECT AND THE MEMBERS PROVIDE NO REPRESENTATIONS, CONDITIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
The Project and the Members reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action they deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
The Project and the Members reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address or account holder to this Web site.
Privacy
COPPA prohibits unfair or deceptive acts or practices in connection with the collection, use, or disclosure of personally identifiable information from and about children under 13 on the Internet. The law requires operators to notify parents and obtain their consent before collecting, using, or disclosing children’s personal information.
You can learn more about the opendof.org privacy practices on the Web.
Digital Millennium Copyright Act
The Project respects the intellectual property of others, and we ask users of our Web sites to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Web site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement
If you believe that any material on this Web site infringes upon any copyright which you own or control, or that any link on this Web site directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Notifications of claimed copyright infringement must be sent to The AllSeen Alliance Designated Agent for notice of claims of copyright infringement. Our Designated Agent may be reached as follows:
Designated Agent:
Bryant Eastham
Address of Designated Agent:
OpenDOF Project, Inc.
3855 SW 153rd Drive
Beaverton, OR 97003
Telephone Number of Designated Agent: 1-503-619-4114
E-mail Address of Designated Agent: bryant dot eastham [at] opendof dot org
Dispute Resolution
These terms, and any dispute arising from the use of this site, will be governed by Delaware, U.S.A. without regard to its conflicts of laws provisions.
Feedback And Information
Any feedback you provide at this site shall be deemed to be non-confidential. OpenDOF Project, Inc. All Rights Reserved shall be free to use such information on an unrestricted basis.
The terms and conditions for this web site are subject to change without notice.
opendof.org – Copyright © 2015 OpenDOF Project, Inc. All Rights Reserved All rights reserved.
OpenDOF Project, Inc. All Rights Reserved, 3855 SW 153 rd Drive, Beaverton, OR 97003 United States of America
Updated by The OpenDOF Project, Inc. All Rights Reserved Legal Team on 3/13/2015