Terms and Conditions of Use for the OpenMuse.org Web Site

17 February, 2003

BY ACCESSING, BROWSING OR USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


NOTE WELL

All statements related to the activities of OpenMuse.org and addressed to OpenMuse.org are subject to all the provisions of the OpenMuse Intellectual Property Rights and Licenses Agreement, which grants to OpenMuse.org, its membership and other participants certain licenses and rights in such statements. Such statements include verbal statements in OpenMuse.org meetings, as well as written and electronic communications made at any time or place, which are addressed to:

  • any OpenMuse.org working group or portion thereof, or
  • any OpenMuse.org mailing list, including the primary OpenMuse.org list itself, any working group or design team list, or any other list functioning under OpenMuse.org auspices.

Particular reference is made to the provisions concerned with the OpenMuse Contribution License and Standards Track Documents

Statements made outside of an OpenMuse.org meeting, mailing list or other function, that are clearly not intended to be input to an OpenMuse.org activity, group or function, are not subject to these provisions.

Statements related to the activities of a Partner Organization are further subject to all terms, conditions and provisions which may be stipulated by such Partner Organization.


This Web site ("Site") is a service made available by the members of the OpenMuse.org community ("Members"), including Jim Wright, a Member and current host of this Site ("Host"). OpenMuse.org is not a corporation: it is an unincorporated, freestanding organization.

All software, documentation, information, text, images, data, articles, documents and/or other materials provided on and through this Site ("Content") may be used solely under the following terms and conditions ("Terms of Use").

Unless otherwise noted, all Content contained on or made available through any page within this Site is copyrighted by OpenMuse.org or a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Content will at all times remain with the Copyright Holder. You may only use, download or copy the Content contained in the Site in accordance with the Terms of Use. Any permitted copies of the Content must retain the copyright notice, and any other proprietary notices contained in such Content.

This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The Content on this Site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. The Members may also make improvements and/or changes to the Content at any time without notice.

The Members and Host assume no responsibility regarding the accuracy of the Content and use of the Content is at the recipient's own risk. The Members and Host provide no assurances that any reported problems with any Content will be resolved. Except as otherwise expressly stated, by providing the Content, neither the Members nor Host grant any licenses to any copyrights, patents or any other intellectual property rights.

The Members and Host do not want to receive confidential information from you through this Site. Please note that any information or material sent to OpenMuse.org, the Members or Host will be deemed NOT to be confidential.

You are prohibited from posting or transmitting to or from this 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.

The Members and Host make no representations whatsoever about any other Web site that you may access through this Site. When you access a non-OpenMuse.org Web site, even one that may contain the organizationís name or mark, please understand that it is independent from OpenMuse.org, and that the Members have no control over the content on such Web site. In addition, a link to a non-OpenMuse.org Web site does not mean that 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 MEMBERS AND/OR HOST 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 MEMBERS OR HOST ARE EXPRESSLY ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

ALL CONTENT IS PROVIDED BY THE MEMBERS AND HOST ON AN "AS IS" BASIS ONLY. THE MEMBERS AND HOST 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 Members and Host 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 Members and Host 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 to this Site.

Licenses

The Content provided on this Site is provided under the terms and conditions of the OpenMuse.org Software User Agreement, the Intellectual Property Rights and Licenses Agreement, and those additional terms, conditions and notices referenced therein.

If the Content is licensed to you under the terms and conditions of the Common Public License Version 1.0 ("CPL"), any Contributions, as defined in the CPL, uploaded, submitted, or otherwise made available to OpenMuse.org, members of OpenMuse.org and/or the host of OpenMuse.org web site, by you that relate to such Content are provided under the terms and conditions of the CPL and can be made available to others under the terms of the CPL. Such Content shall be marked with an explicit, prominent and clearly visible notice of the form "CPL Content"

If the Content is licensed to you under license terms and conditions other than the CPL ("Other License"), any modifications, enhancements and/or other code and/or documentation ("Modifications") uploaded, submitted, or otherwise made available to OpenMuse.org, members of OpenMuse.org and/or the host of OpenMuse.org, by you that relate to such Content are provided under terms and conditions of the Other License and can be made available to others under the terms of the Other License.

All logos and trademarks contained on this Site are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to you.