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Terms of Service Agreement
The following Terms of Service Agreement ("Agreement") governs the use of the information and services provided through www.OpenSourceLife.net (the "Website"), including without limitation participation in the question and answer forums, registration and creation of user profiles, referring friends or family by email through the Website and use of Google AdSense on the Website as provided by True Media Corp. ("Service Provider," "we," or "our").
Please read the rules contained in this Agreement carefully. You can access this Agreement at http://www.opensourcelife.net/termsofservice.htm. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these rules. If you do not agree with these rules, please do not use the Website. The Agreement may be modified from time to time; revisions will appear at http://www.opensourcelife.net/termsofservice.htm, so check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.
In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Website constitutes agreement to its terms and conditions also.
Your failure to follow these rules, whether listed below or in bulletins posted at various points on the Website, may result in suspension or termination of your access to the Website, without notice, in addition to Service Provider's other remedies.
The Website may be modified or terminated at any time by Service Provider for any reason, and without notice, without liability to you, any other user of the Website or any third party. Any new features that augment or enhance the current Website shall be subject to the Agreement.
Registration and User Profile
Service Provider may at times require that you register and/or set up an account and/or user profile to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose a password, user name, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update profile mechanism on the Website, if available.
If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
If you have reason to believe that your Registration Information is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information stored on the Website), you must promptly notify the Service Provider by email at info@opensourcelife.net.
The Service Provider may need to communicate with account holders from time to time. As a condition of service, all account holders may be required to receive routine, important or commercial announcements, via email, from Service Provider. Such email from Service Provider may not be considered "spam" or blocked or blacklisted on any Internet blacklist service.
Use of Website, registration and/or use of account are not permitted by persons under 13 years of age. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using the Website; any information submitted by such users will not knowingly be used, posted, or retained by us.
Use of Materials
The content within the Website is protected by copyright and other laws in both the United States and elsewhere. The Website includes both content owned or controlled by Service Provider as well as content owned or controlled by third parties and licensed to Service Provider (collectively, the "Materials").
Service Provider authorizes you to view and download a single copy of the Materials solely for your personal, non-commercial use. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of the Service Provider.
Use of Materials Provided by You
Service Provider claims no ownership or control over any messages posted, files uploaded, data transmitted, or in any other form of communication transmitted with or through or on the Website (collectively, the "Content"). You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Website, you grant the Service Provider a worldwide, non-exclusive, royalty-free, unrestricted license to reproduce, adapt, translate, transmit, distribute, publicly perform, display, sublicense and publish such Content on the Website. This license terminates when such Content is deleted from the Website. The Service Provider reserves the right to syndicate Content submitted, posted or displayed by you on or through the Website and use that Content in connection with other services offered by the Service Provider or its licensees. Please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.
Copyright Violation
Service Provider respects the intellectual property of others, and we ask our users to do the same. Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Service Provider by email at info@opensourcelife.net.
General Practices Regarding Use and Storage
You agree that the Service Provider has no responsibility or liability for the deletion or failure to store any Content maintained or posted by or through the Website. You acknowledge that the Service Provider has set no fixed upper limit on the number of transmissions you may send or receive through the Service or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Rules of Website Usage
The Service Provider does not screen or edit Content provided by users of the Website. However, The Service Provider reserves the right to monitor said Content and to remove any objectionable material at any time, in our sole discretion however the Service Provider will have no liability or responsibility for performance or non-performance of such activities. By viewing and/or participating in services provided on the Website, you acknowledge that you may encounter material that you find offensive. The Service Provider disclaims any responsibility for said material.
While participating in any service of the Website or viewing any Content maintained or posted thereon, you agree not to attach files to messages that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer, participate in such a way as to undermine the operation of the Website, use the Website or services provided by the Website to harass others, use the Website to disseminate any inappropriate, defamatory, libelous, threatening, infringing, obscene, or unlawful material or information, violate any copyright law, or other intellectual property law, violate any criminal statute, or promote the violation of this Agreement.
You agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.
The Service Provider disclaims all liability for all Content maintained or posted by or through the Website. The Service Provider has no responsibility for such content and is merely providing access to such content as a service to you. You are responsible for ensuring that any material you provide to the Website or post on the Website, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Further, you warrant that Content you post on or through the Website does not contain confidential or proprietary information and that the Service Provider is not under any obligation of confidentiality, express or implied, with respect to the Content you provide.
While participating in any service of the Website or viewing any Content maintained or posted thereon, you agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.
The Website may not be used for unauthorized commercial purposes. If, in the sole discretion of The Service Provider, you are found to be using the Website or its email services for any inappropriate commercial purpose, the Service Provider reserves the right to take action to end said activity. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Website, including without limitation, the "look and feel" of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Service Provider or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
The Service Provider may terminate your account without notice if it believes, in its sole discretion, that you have violated any of the terms of this Agreement, or that you have engaged in any behavior that the Service Provider believes, in its sole discretion, is harmful to the operation of Website.
Please report violations of this Agreement to the Service Provider via email at info@opensourcelife.net.
Comments Contributed by Users Not Endorsed by Service Provider
Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement. Users of the Website are especially cautioned against following medical, financial or legal advice which may be displayed on or transmitted through the Website.
Disclaimer of Warranty and Limitation of Liability
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. BRAND NAMES AND TRADEMARKS APPEARING ON THIS WEBSITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. THE CONTENT OF THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AS ARE ANY PRODUCTS, PROGRAMS, OFFERINGS, OR TECHNICAL INFORMATION DESCRIBED WITHIN THIS WEBSITE. THE SERVICE PROVIDER MAKES NO REPRESENTATION OR GUARANTEE WHATSOEVER REGARDING THE COMPLETENESS, ADEQUACY, SUITABILITY, OR ACCURATE FUNCTIONALITY OF THIS WEBSITE OR ITS CONTENT. BY USING THIS WEBSITE, YOU ASSUME THE RISK THAT THE CONTENT WITHIN THIS WEBSITE MAY BE INCOMPLETE AND MAY NOT MEET YOUR NEEDS AND REQUIREMENTS. THE SERVICE PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCTS AND/OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE AND/OR ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED MATERIAL, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE OR RELATED MATERIALS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.
Indemnity
You agree to indemnify and hold the Service Provider and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including 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 Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.
No Resale of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website or its Content, use of the Website, or access to the Website.
Your Dealings with 3rd Party Service Providers
Your correspondence or business dealings with, or participation in promotions of, advertisers or service providers found on or through the Website, including Google, Inc. through its Google AdSense program, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such service provider. You agree that the Service Provider shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website including but not limited to Google’s payment, non-payment or the timing of payment of amounts accrued to you via your use of AdSense on the Website, or Google, Inc.’s provision or non-provision of its services to you, or Google Inc’s allowing or not allowing its services to be used through the Website. you acknowledge that the Service Provider is not related to Google, Inc. and Google AdSense is a trademark of Google, Inc.
Links to External Resources
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Service Provider has no control over such sites and resources, you acknowledge and agree that the Service Provider 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 the Service Provider 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.
Entire Agreement
This Agreement constitutes the entire agreement between you and the Service Provider and governs your use of the Website, superseding any prior agreements between you and the Service Provider with respect to the Website.
Waiver and Severability of Terms
The failure of the Service Provider to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Privacy Policy
OpenSourceLife.net and/or True Media Corp. (collectively as the "Service Provider") places a high value on the privacy of all information provided to us by users of the information and services provided through www.OpenSourceLife.net (the "Website"). The following discloses the information gathering and dissemination practices for the Website.
What Information We Gather
In general, you can visit the Website on the Internet without revealing who you are or providing any personally identifiable information about yourself.
Log Files
Log files are used on the servers that provide public Internet access to the OpenSourceLife.net website. When users request information from our servers, our servers automatically collect some information about the user's request, including their IP address and DNS name. The IP address is used by our server to send the requested information to the user. The information contained in our log files is used to gather broad demographic information about our users, and does not contain information that can personally identify a user.
Use of Registration Information
The Service Provider may at times require that you register and/or set up an account and/or user profile to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose a password, user name, and/or other registration information (collectively, "Registration Information") to complete your user profile.
The Service Provider will not reveal any Registration Information provided by users that the user provides to us to any third party, except the user's user name and date of registration or to comply with valid legal process such as a search warrant, subpoena or court order or where our users have specifically and explicitly provided their consent for us to share their information.
The Service Provider uses reasonable precautions to keep the personal information provided to us on this website. Users who opt to make their user profile public are cautioned that Registration Information will be publicly displayed on the Website and may be gathered or used by 3rd parties unrelated to the Service Provider.
The Service Provider may use personal information provided by users from time to time to supply users with emailed information relating to the use of the Website, the availability of Website services or information on the Website or to provide users with other commercial messages. Users have the option at any time to request that they would no longer receive email messages from the Service Provider.
Contacting Us About Privacy
If you have any questions about this privacy statement, the practices of the Website or your dealings with the Website, you may contact the Service Provider at info@opensourcelife.net.
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