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SourceForge.net Terms and Conditions of Use ("Terms")
IN THESE TERMS, "WE," "US," "ITS" AND "OUR" REFER TO SOURCEFORGE, INC., its parent corporation, subsidiaries, and affiliated companies ("COMPANY"), AND "YOU" AND "YOUR" REFER TO YOU. Before using SourceForge.net, please read these Terms relating to your use of this web site carefully.
COMPANY offers online resources for open source software development and content creation on SourceForge.net, including communications tools, source code version control, project management tools, online forums, personalized content, a donation system, branded programming, and a beta version of a marketplace.
COMPANY offers SourceForge.net to you, provided that you represent that you are of legal age to create binding contractual and financial obligations for any liability that you may incur as a result of your use of SourceForge.net
Your use of SourceForge.net constitutes your agreement with the Terms and the SourceForge.net policies ("Policies") posted from time to time and the Privacy Statement, both of which are incorporated by this reference into the Terms. Your use of a particular SourceForge.net service ("Service") may be subject to specific guidelines ("Service-Specific Rules") posted from time to time and incorporated by this reference into the Terms. Use of the Services constitutes full acceptance of and agreement to the Service-Specific Rules.
If you do not agree to these Terms, then you are not granted rights to use SourceForge.net or any of its Services, and you should refrain from accessing SourceForge.net and its Services. If you violate any of these Terms, your permission to use SourceForge.net automatically terminates.
SourceForge.net reserves the right to update and change the Terms, including without limitation the Privacy Statement, Policies and/or Service-Specific Rules, from time to time. COMPANY will alert users of any changes by email. Updates and changes to these Terms will be reflected in and accessible through the URL where such Terms first appeared. Users should periodically review the most recent version of the Terms, including without limitation the Privacy Statement, Policies and Service-Specific Rules. Use of SourceForge.net after changes to the Terms constitutes acceptance of any changes. It is therefore important that you regularly review these Terms and keep your contact information current to ensure you receive any changes via email.
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on this web site and that you give to other web site users. You assume all risks associated with dealing with other users. We expect that you will use caution and common sense when using this web site.
In order to access certain Services, you may be required to register and obtain an account with SourceForge.net.
When registering, you must: (a) provide true, accurate, current and complete information (collectively, the "Registration Data") and (b) update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that your information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and prohibit any or all use of SourceForge.net by you.
You will receive a password and account designation upon completing a SourceForge.net registration process. You are responsible for maintaining the confidentiality of your password, and for all activities that occur through your account. You agree to immediately notify COMPANY of any unauthorized use of your password or account or any other breach of security. COMPANY will not be liable for any loss or damage arising from your failure to provide accurate information or to keep your password secure. Use unique numbers, letters, and special characters for passwords and log off from your account at the end of each session.
SourceForge.net handles user Registration Data in accordance with the SourceForge.net Privacy Statement accessible at http://sourceforge.net/tos/privacy.php.
3. APPROPRIATE CONDUCT AND RELATED USER REPRESENTATIONS AND WARRANTIES
As used throughout these Terms, "Content" means any text, data, software, music, sound, photograph, graphic, video, message, or material, whether publicly posted, or privately transmitted via SourceForge.net. You agree that you are responsible for your own conduct and any Content that you or anyone using your account creates, transmits or displays when on SourceForge.net ("Your Content") and for any consequences thereof. "Content" includes text or data entered into and stored by publicly-accessible site features such as message boards and bug trackers ("SourceForge.net Public Content"), and any input, suggestions, or other feedback ("Feedback") relating to or in the SourceForge.net site or any Service.
When you create or make available Your Content, you thereby represent and warrant that:
(a) you own or have sufficient rights to post Your Content posted by, on or through SourceForge.net;
(b) the posting of Your Content on or through SourceForge does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
(c) you have fully complied with any third-party licenses relating to Your Content, agree to pay for all royalties, fees and any other monies owning any person by reason of any of Your Content that you posted to or through SourceForge.net;
(d) Your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
(e) Your Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
(f) Your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health and wellbeing of minors;
(g) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available Your Content, or (ii) secured from your employer a waiver as to all rights in or to Your Content;
(h) Your Content does not violate any state or federal law designated to regulate electronic advertising;
(i) Your Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on COMPANY's or others computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;
(j) Your Content does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
(k) Your Content does not otherwise violate, or link to material that violates any provision of this Agreement;
(l) Your Content does not contain content that endorses or promotes racism, bigotry, hatred, or physical harm of any kind against another group or individual; and
(m) Your Content does not contain content that discriminates, incites harassment or advocates harassment of any group or individual.
You agree to use SourceForge.net only for purposes that are legal, and in accordance with the Terms, including without limitation the Privacy Statement, Service-Specific Rules and any applicable SourceForge.net Policies. To report any activity or Content that may violate the Terms, please email staff@sourceforge.net, including full email headers.
4. NO UNLAWFUL OR PROHIBITED USE
In connection with your use of SourceForge.net, you shall comply with all applicable international, state, federal, local laws, including without limitation, all laws regulating exports. You are aware that all postings of open source encryption code must be simultaneously reported by email to the U.S. government. You are responsible for submitting this email report to the U.S. government in accordance with procedures described in: http://www.bis.doc.gov/encryption/PubAvailEncSourceCodeNofify.html and Section 740.13(e) of the EAR.
You represent you are not a person on a list barring you from receiving services under U.S. laws or other applicable jurisdiction, including without limitations, Denied Persons List, Entity List, and other lists issued by the U.S. Department of Commerce, Bureau of Industry and Security, detailed at http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm (or successor sites thereto). Users residing in countries on the United States Office of Foreign Assets Control sanction list, including Cuba, Iran, North Korea, Sudan and Syria, may not post or access Content available through SourceForge.net.
In addition to the above, you may not access or use SourceForge.net for any purpose other than that for which COMPANY makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Content, as determined by COMPANY in its sole discretion.
Without limiting any other remedies, COMPANY may suspend or terminate your SourceForge.net account if we suspect that you have engaged in unlawful activity in connection with SourceForge.net. In addition, COMPANY reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in COMPANY's sole discretion violates this provision. Prohibited activity includes, but is not limited to:
(a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
(b) transmitting chain letters or junk mail to other users;
(c) using any information obtained from the web site in order to contact, advertise to, solicit, or sell to any user without such user's prior explicit consent;
(d) engaging in automated use of the system, such as using scripts to send comments or messages;
(e) interfering with, disrupting, or creating an undue burden on the web site or the networks or services connected to the web site, including, without limitation, hacking into the web site;
(f) attempting to impersonate another user or person;
(g) using the username of another person;
(h) selling or otherwise transferring your profile; and
(i) using any information obtained from the web site to harass, abuse or harm another person.
5. SOURCEFORGE.NET PRIVACY STATEMENT
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Statement. For information about our data protection practices, please read our Privacy Statement at http://sourceforge.net/tos/privacy.php. If you object in any way to these practices, please do not use our Services.
You understand that the technical processing and transmission of COMPANY Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
COMPANY's Rights
You agree that content contained in sponsor advertisements or presented to you through SourceForge.net ("Sponsor Content"), along with any necessary software used in connection with operating SourceForge.net, contain proprietary and confidential information that are protected by intellectual property and other laws and treaties. In addition, the content on the Website, except for all Content, including without limitation, the text, graphics, photos, sounds, sayings and the like ("Materials") and the trademarks, service marks and logos of COMPANY contained therein ("Marks"), are owned by or licensed to COMPANY, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Materials, Content and Sponsor Content on the web site and any necessary software used in connection with operating SourceForge.net are provided to you "AS IS" for your personal information and use and, except as expressly authorized by COMPANY or respective third party rights holders in a separate written agreement, you agree not to otherwise use, copy, modify, rent, lease, loan, sell, distribute, transmit, broadcast, create derivative works of, or exploit the Materials, Content, Sponsor Content, and any necessary software used in connection with operating SourceForge.net, in whole or in part.
You also agree not to remove, obscure, or alter COMPANY's or any third party's copyright, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through SourceForge.net.
You agree not to access SourceForge.net by any means other than through the interface that is provided by COMPANY, unless otherwise specifically authorized by COMPANY in a separate written agreement. You also agree not to circumvent, disable or otherwise interfere with security related features of the web site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the web site or the Materials therein.
You agree to use COMPANY Marks in accordance with COMPANY's trademark guidelines detailed at http://web.sourceforge.com/trademark.php. SourceForge.net is a registered trademark of COMPANY in the United States and other countries; COMPANY, the SourceForge.net logo and other SourceForge.net-related trademarks, service marks, and product and service names are trademarks of COMPANY. All other names and designs may be trademarks of their respective owners.
Your Rights
Except for Feedback, which you agree to grant COMPANY any and all intellectual property rights owned or controlled by you relating to the Feedback, COMPANY claims no ownership or control over any Content. You or your third party licensor, as applicable, retain all intellectual property rights to any Content and you are responsible for protecting those rights, as appropriate.
With respect to SourceForge.net Public Content, the submitting user retains ownership of such SourceForge.net Public Content, except that publicly-available statistical content which is generated by COMPANY to monitor and display SourceForge.net project activity is owned by COMPANY.
By submitting, posting or displaying Content on or through SourceForge.net, you grant COMPANY a worldwide, non-exclusive, irrevocable, perpetual, fully sublicensable, royalty-free license to use, reproduce, adapt, modify, translate, create derivative works from, publish, perform, display, rent, resell and distribute such Content (in whole or part) on SourceForge.net and incorporate Content in other works, in any form, media, or technology developed by COMPANY, though COMPANY is not required to incorporate Feedback into any COMPANY products or services. COMPANY reserves the right to syndicate Content submitted, posted or displayed by you on or through SourceForge.net and use that Content in connection with any service offered by COMPANY.
With respect to Content posted to private areas of SourceForge.net (e.g., private SourceForge.net development tools or SourceForge.net Mail), the submitting user may grant to COMPANY or other users such rights and licenses as the submitting user deems appropriate.
7. ALLEGATIONS OF COPYRIGHT INFRINGEMENT OR TRADEMARK INFRINGEMENT
Copyrights
You may not post, modify, distribute or reproduce in any way any copyrighted materials, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office web site, http://www.copyright.gov/legislation/dmca.pdf). Please note that you will be liable for damages (including costs and attorneys' fees) if you make any material misrepresentations when making or countering a copyright infringement claim.
If you believe that your work has been copied and is accessible on SourceForge.net in a way that constitutes copyright infringement, send a written notification pursuant to the COMPANY's Digital Millennium Copyright Act ("DMCA") Notification Procedure: https://sourceforge.net/docs/H10/.
Trademarks
COMPANY is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, COMPANY encourages you to resolve trademark disputes directly rather than utilize COMPANY as an intermediary.
8. LICENSING AND OTHER TERMS APPLYING TO CODE AND OTHER CONTENT POSTED ON SOURCEFORGE.NET
SourceForge.net fosters software development and content creation under Open-Source Initiative ("OSI")-approved licenses or other arrangements relating to software and/or content development that may be approved by COMPANY. For more information about OSI, and OSI-approved licenses, visit www.opensource.org.
Use, reproduction, modification, and ownership of intellectual property rights to data stored in CVS, SVN or as a file release and posted by any user on SourceForge.net ("Source Code") shall be governed by and subject to the OSI-approved license, or to such other licensing arrangements approved by COMPANY, applicable to such Source Code.
Content located on any SourceForge.net-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the OSI-approved license, or to such other licensing arrangements that may be approved by COMPANY, applicable to such Content.
You agree not to sell, resell or offer for any commercial purposes, any portion of, use of, or access to, Services on SourceForge.net, except those that are specifically endorsed or approved by COMPANY. You shall not do the following without the express written consent of COMPANY: (a) make any unauthorized use of the SourceForge.net Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the web site.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that COMPANY has no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted on SourceForge.net. While COMPANY will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, COMPANY has no responsibility or liability for the deletion or failure to store any communications or Content maintained or transmitted on SourceForge.net.
Though COMPANY may currently have no set fixed upper limit on the number of transmissions you may send or receive through SourceForge.net, or the amount of storage space you use on the site, COMPANY retains the right, at its sole discretion, to create limits at any time and COMPANY will alert users of any such limits by email and post updated Terms in accordance with Section 1.
COMPANY reserves the right to mark as "inactive" and archive SourceForge.net accounts and/or projects that are inactive for extended periods of time.
Upon the termination of your SourceForge.net account, for any reason, including as a result of inactivity, violation of these Terms, or receipt of a certificate or other legal document confirming your death, COMPANY will close your account and you will no longer be able to retrieve materials contained in that account.
SourceForge.net will not pre-screen or review Content, but COMPANY reserves the right (but does not undertake the obligation) in its sole discretion to: (a) monitor the web site for violations of these Terms, (b) take appropriate legal action against anyone who, in COMPANY's sole discretion, violates these Terms, including, without limitation, reporting you to law enforcement authorities; (c) refuse, restrict access to or the availability of, or disable (to the extent technologically feasible) any user's Content or any portion thereof that may violate these Terms or any COMPANY policy; (d) terminate the accounts of repeat infringers; (e) otherwise manage the web site in a manner designed to protect the rights and property of COMPANY and others and to facilitate the proper functioning of the web site; and (f) restrict access to or the availability of material that COMPANY, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
11. SOURCEFORGE.NET MARKETPLACE
Service-Specific Rules relating to our SourceForge.net Marketplace are available at http://sourceforge.net/tos/marketplace.php. We may change the fees for our SourceForge.net Marketplace services from time to time in our sole discretion upon fourteen (14) days advance notice. You are responsible for paying all fees and all applicable taxes associated with using our SourceForge.net Marketplace. If COMPANY terminates your use of the web site for breach of these Terms, you will not be entitled to any refund of any portion of the fees.
Using contact information obtained from SourceForge.net Marketplace to solicit services outside of the SourceForge.net Marketplace is not permitted. If you have been impermissibly solicited for services outside of the SourceForge.net Marketplace, please report the solicitation to us by sending a copy of solicitation, and if by email, include the full header in order for us to trace the pathway of the email.
Service-Specific Rules relating to our Donation System are available at http://sourceforge.net/tos/donations.php. We may change the fees for our donation services from time to time in our sole discretion upon fourteen (14) days advance notice. You are responsible for paying all fees and all applicable taxes associated with using our Donation System. If COMPANY terminates your use of the web site for breach of these Terms, you will not be entitled to any refund of any portion of the fees.
Using contact information obtained from SourceForge.net to solicit donations outside of the SourceForge.net Donation System is not permitted. If you have been impermissibly solicited for a donation outside of the SourceForge.net Donation System, please report the solicitation to us by sending a copy of solicitation, and if by email, include the full header in order for us to trace the pathway of the email.
Service-Specific Rules relating to our Subscription Service are available at http://sourceforge.net/tos/subscriptions.php. We may change our Subscription Service fees from time to time in our sole discretion upon fourteen (14) days advance notice. You are responsible for paying all fees and all applicable taxes associated with using our Subscription Service. If COMPANY terminates your use of the web site for breach of these Terms, you will not be entitled to any refund of any portion of the fees.
14. LINKS TO THIRD PARTY WEB SITES
Links to third party web sites on SourceForge.net are provided solely as a convenience to the user. When a user uses these links, the user leaves SourceForge.net. SourceForge.net has not reviewed all of these third party sites, does not control, and is not responsible for, any of these sites, their content or privacy practices. SourceForge.net does not endorse or make any representations about the third party sites, or any information, services, or products found on the sites. If a user decides to access any of the linked sites, SourceForge.net encourages the user to read their privacy statements. The user accesses such sites at user's own risk.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND COMPANY AND EACH OF THEIR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS (COLLECTIVELY, "COMPANY INDEMNIFIED PARTIES") FROM ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS ("CLAIMS") (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS), ARISING FROM OR RELATED TO (A) YOUR (OR ANY USER'S OF YOUR ACCOUNT) ACCESS TO OR USE OF SOURCEFORGE.NET AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR OR OTHERS' ACCESS OF CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF THE WEB SITE OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES; (B) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS , INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT; OR (C) YOUR CONTENT OR PROVISION TO SOURCEFORGE.NET OF INFORMATION OR ANY OTHER PRODUCTS, POSTINGS, OFFERINGS, DATA OR MATERIALS. THE COMPANY INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE THROUGH COUNSEL OF THEIR CHOICE OF ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE COMPANY INDEMNIFIED PARTIES ("INDEMNIFIED CLAIM'). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONCERNED COMPANY INDEMNIFIED PARTIES.
COMPANY cannot control the nature of the content available on the web site. By operating the web site, COMPANY does not represent or imply that COMPANY endorses any Content or any other materials or items available on or linked to by the web site, including without limitation content hosted on third party web sites, or that COMPANY believes Content or any other materials or items to be accurate, useful or non-harmful.
COMPANY cannot guarantee and does not promise any specific results from use of the web site. No advice or information, whether oral or written, obtained by you from COMPANY or the web site shall create any warranty not expressly stated herein.
ALL PRODUCTS, SERVICES, INFORMATION, CONTENT OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH SOURCEFORGE.NET ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, SERVICES OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS, SERVICES OR INFORMATION. AS WITH THE PURCHASE OF A PRODUCT, SERVICE OR INFORMATION THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
COMPANY DOES NOT WARRANT THAT SOURCEFORGE.NET SERVICES WILL BE TIMELY, UNINTERRUPTED, OR SECURE. SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEB SITE. SOURCEFORGE.NET DOES NOT ASSUME RESPONSIBILITY FOR DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
YOU AGREE THAT YOUR USE OF THE WEB SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEB SITE, YOUR USE THEREOF, THE ACCURACY OR COMPLETENESS OF THE WEB SITE'S CONTENT, THE CONTENT OF ANY WEB SITE LINKED TO THIS WEB SITE OR THE SERVICES, PRODUCTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS OFFERED AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE.
COMPANY RESERVES THE RIGHT TO CHANGE ITS WARRANTY POLICY SET FORTH HEREIN, AT ANY TIME, WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU OR ANY OTHER PERSON.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM: (A) RELIANCE ON THE WEB SITE MATERIALS, (B) LOSS OF USE, DATA, PROFITS, GOODWILL AND/OR OTHER INTANGIBLE LOSSES (INCLUDING WITHOUT LIMITATION THE INABILITY TO USE SOURCEFORGE.NET SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SOURCEFORGE.NET), OR (C) DELAYS OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE), WHETHER BASED ON BREACH OF CONTRACT, WARRANTY BREACH, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF THE WEB SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES DURING THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE DAMAGES OR $100, WHICHEVER IS LESS.
18. EXCLUSIONS AND LIMITATIONS
SOME STATES OR JURSIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
19. RELATIONSHIP OF THE PARTIES
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between COMPANY and any user nor do these Terms extend rights to any third party.
20. NO THIRD PARTY BENEFICIARIES
You agree that there shall be no third party beneficiaries to the Terms.
You agree that COMPANY may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on SourceForge.net.
The Terms constitute the entire agreement between you and COMPANY with respect to the subject matter hereof and govern your use of SourceForge.net, superceding any prior understandings and agreements between you and COMPANY related to the subject matter hereof for the use of SourceForge.net. The section headings in the Terms are for convenience only and have no legal or contractual effect.
23. DISPUTES WITH COMPANY, CHOICE OF LAW AND FORUM
All disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) of your access to or use of the Content and website, including without limitation your or others' downloading or consumption of Content or other materials available by means of the web site or third party web sites, your uploading Content to the web site, or your purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in Santa Clara County, California before and in accordance with the rules of JAMS. Notwithstanding the foregoing, COMPANY will have the right to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights.
In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California. The Terms and the relationship between you and COMPANY shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree the UN Convention on Contracts for the International Sale of Goods shall not apply.
24. WAIVER AND SEVERABILITY OF TERMS
The failure of COMPANY to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. 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.
25. TIME LIMIT FOR FILING CLAIMS
Any claim or cause of action arising out of or related to use of SourceForge.net or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In our sole discretion, we may assign these Terms by providing notice in accordance with the notice Section should COMPANY ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of SourceForge.net.
These Terms shall remain in full force and effect while you use the SourceForge.net Services or are a user of SourceForge.net. You may terminate your use or participation at any time, for any reason, by following the instructions here (http://sourceforge.net/docman/display_doc.php?docid=14041&group_id=1#user.) COMPANY may terminate your use or participation at any time for violation of these Terms or any laws or to protect the integrity of the web site, the networks or services connected to the web site or other users. COMPANY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, SourceForge.net or any Service. COMPANY shall not be liable to any user or other third party for any such modification, suspension or discontinuance. Even after your use or participation is terminated, the material terms of these Terms will remain in effect.
SOURCEFORGE.NET PRIVACY STATEMENT
(Last Updated August 13, 2007)
(Effective Date September 17, 2007)
This privacy statement discloses the privacy practices for SourceForge.net, which is owned and operated by SourceForge, Inc. ("SourceForge"), and is not applicable to other sites owned by SourceForge, which maintain their own privacy statements. If SourceForge makes material changes to the SourceForge.net privacy practices, a prominent notice will be posted on this web page and the SourceForge.net home page
SourceForge is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build user's trust and confidence in the Internet by promoting the use of fair information practices. SourceForge has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
SourceForge complies with the US/EU Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
If users have any complaints regarding SourceForge's compliance with the US/EU Safe Harbor, users should first contact SourceForge Legal Services - Privacy at the contact information indicated below. If contacting SourceForge does not resolve a user's complaint, the user may raise the user's complaint with TRUSTe by Internet at http://www.truste.org/consumers/watchdog_complaint.php, fax at (415) 520-3420, or mail at Watchdog Complaints, TRUSTe, 685 Market Street, Suite 270, San Francisco, CA, USA 94105. If the user is faxing or mailing TRUSTe to lodge a complaint, the user must include the following information: the SourceForge name, the alleged privacy violation, user's contact information, and whether user would like the particulars of user's complaint to be shared with SourceForge. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, see http://www.truste.org/consumers/watchdog_complaint.php or request this information from TRUSTe at any of the contact information listed above. The TRUSTe dispute resolution process shall be conducted in English.
The TRUSTe program only covers information that is collected through SourceForge.net, and does not cover information that may be collected through any software downloaded from this web site.
SourceForge reserves the right to update and change this privacy statement from time to time. Users should periodically review the most recent version of this privacy statement, which will be posted on this web page. SourceForge will also email material changes to the privacy statement to known users, at users' email addresses most recently provided to SourceForge. It is, therefore, each user's responsibility to keep such user's records with SourceForge up-to-date, promptly notifying SourceForge if and when user's preferred email address changes. Use of SourceForge.net by a user after proper notice of material changes to the SourceForge.net privacy statement constitutes user's acceptance of any such changes.
SourceForge agrees to notify users of applicable Safe Harbor principles: Notice, Choice, Onward Transfer, Security, Data Integrity, Access, and Enforcement.
SourceForge provides this privacy statement to make users aware of the SourceForge.net privacy practices, and of the choices a user may make about the way the user's information is collected and used.
Children
Users represent they are of legal age to create binding and financial obligations for any liability users may incur as a result of their use of SourceForge.net. SourceForge does not knowingly collect, or wish to obtain, personal data from children.
What information SourceForge.net collects
On SourceForge.net, users may order products or services, and register to receive materials. Personal information collected on SourceForge.net includes community forum content, diaries, profiles, name, occupation, industry, personal interests, unique identifiers (e.g., passwords), contact and billing information (e.g., email address, postal address, telephone, fax), and transaction information.
In order to tailor SourceForge's subsequent communications to users and continuously improve SourceForge.net - related products and services, SourceForge may also ask users to provide information regarding their interests, demographics, experience with its products, and detailed contact preferences.
Web beacons
SourceForge uses web beacons from time to time. Such web beacons may be provided by SourceForge's third party advertising companies to help manage and optimize SourceForge's online advertising. To opt out of targeted advertising delivered by Network Advertising Initiative members, click here: http://www.networkadvertising.org/consumer/opt_out.asp. A web beacon is a string of code that provides a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data, or determining how many times a specific web page has been viewed. Web beacons enable SourceForge to recognize a browser's cookie when a browser visits SourceForge.net, and to learn which banner ads bring users to SourceForge.net. For example, when a user visits a web page, the code for the page may include instructions to go to another server to gather a single pixel graphic image. Web beacons are not placed on a user's computer, and users remain anonymous.
Cookies
SourceForge uses cookies on the SourceForge.net web site. A cookie is a unique text file that may be used for data analysis, and enables a web site to tailor information presented to a user based on a user's browsing program. SourceForge may use cookies to personalize a user's pages at SourceForge.net, to remember a user when the user registers for products or services, or to track visits to SourceForge.net. If a user does not want SourceForge to deploy cookies in the user's browser, the user may set the browser to reject cookies or to notify the user when a web site tries to place cookies in the browser program. Rejecting cookies may affect a user's ability to use some of the products, features, functions, or services on SourceForge.net. Cookies are not tied to personally identifiable information.
The ads appearing on SourceForge.net are delivered to visitors by DoubleClick, Inc. ("DoubleClick"), SourceForge's current third party web advertising partner. The third party advertising technology that SourceForge uses on SourceForge.net uses information derived from a user's visits to SourceForge.net to target advertising within this site. In addition, SourceForge's advertisers may use other third party advertising technology to target advertising on this site. In the course of serving advertisements to SourceForge.net, DoubleClick may place or recognize a unique cookie on a user's browser. Information about users' visits to SourceForge.net, such as the number of times users have viewed an ad (but not users' names, addresses, or other personally-identifiable information), are used to serve ads to visitors. As with other cookies, and consistent with SourceForge's policy on cookies stated above, the user may block or delete such cookies from the user's drive or memory. For more information about DoubleClick, DoubleClick's use of cookies, and how to "opt-out" of DoubleClick's email/information lists, please click here: http://www.doubleclick.net/us/corporate/privacy. SourceForge has no access or control over third party cookies.
Log files
SourceForge.net web servers may automatically log a user's IP address, domain name, browser type, date and time of access, and other log file data. This information may be used to analyze trends or administer SourceForge.net. Log files are not tied to personally identifiable information.
How SourceForge.net uses the information collected
SourceForge.net may use the personal information a user submits for any purposes related to SourceForge.net's business, including, but not limited to:
- To understand a user's needs and create content that is relevant to the user;
- To generate statistical studies;
- To conduct market research and planning by sending user surveys;
- To notify user referrals of SourceForge.net services, information, or products when a user requests that SourceForge.net send such information to referrals;
- To improve services, information, and products;
- To help a user complete a transaction, or provide services or customer support;
- To communicate back to the user;
- To update the user on services, information, and products;
- To personalize SourceForge.net for the user;
- To notify the user of any changes with SourceForge.net which may affect the user;
- To enforce terms of use on SourceForge.net; and
- To allow the user to purchase products, access services, or otherwise engage in activities the user selects.
User names, identifications ("IDs"), and email addresses (as well as any additional information that a user may choose to post) may be publicly available on SourceForge.net when users voluntarily and publicly disclose personal information, such as when a user posts personal information in conjunction with content subject to an Open Source license, or as part of a message posted to a public forum or a publicly-released software application. Users may not be able to change or remove public postings once posted. Such personal information may be used by visitors of these pages to send unsolicited messages. SourceForge.net is not responsible for any consequences which may occur from the use of personally identifiable information that a user chooses to submit to public pages.
With respect to surveys, in the event that responses are publicly disclosed, users will be notified at the time they take the survey. SourceForge will disclose only aggregate information regarding its users and not personal information identifying any specific individual. Circumstances under which SourceForge would publicly disclose such aggregate information include, but are not limited to, sharing survey results with the site population, providing data to SourceForge advertisers on user preferences and/or demographics, and publicizing overall usage data in press communications.
Where surveys allow users to submit written comments, and where SourceForge advises users of the possibility of such disclosure at the time they take the survey, SourceForge reserves the right to disclose any information provided by users, provided that no personal information identifying a specific user is disclosed. Participation in surveys is at a user's option; SourceForge does not conduct mandatory surveys.
A user makes the decision whether to proceed with any activity that requests personal information. If a user does not provide requested information, the user may not be able to complete certain transactions.
Users who use the personal information of other users agree to use such information only for:
- Using services offered through SourceForge.net;
- SourceForge.net transaction-related purposes and not for unsolicited commercial messages; or
- Other purposes that the other user expressly chooses.
Users are not licensed to add other SourceForge.net users, even users who entered into transactions with them, to their mail lists without consent.
SourceForge.net encourages users to evaluate privacy and security policies of any SourceForge.net transaction partners before entering into transactions or choosing to disclose personal information.
Emails
SourceForge will not use or share the personally identifiable information provided to it online in ways unrelated to the items described above without first letting a user know and offering the user a choice. If a user no longer wishes to receive direct marketing materials, SourceForge will provide instructions in each of its emails on how to be removed from any lists. SourceForge will do everything commercially reasonable to honor such requests.
Profile or User ID Display
A user's personal information may be publicly available through a user's profile or user ID display. In such cases, users have the option and discretion to opt out of publicly displaying their real names at any time by changing their display name under the site user preferences. Profile or user ID display may allow other users to see a user's activities, including purchase and sales content, ratings, and comments.
Email Display
Users may have the opportunity to use a service to send electronic mail to another user or email list. In such cases, a user's valid email address and real name will be included with such messages. In order to prevent abuse, users may not opt-out of such a display, but may choose to refrain from using such service to transmit an email message.
With whom may SourceForge.net share information?
SourceForge will not sell, rent, or lease a user's personally identifiable information to others, except as described in this privacy statement. Unless SourceForge has a user's permission or as required by law, SourceForge will only share the personal data a user provides online with other entities that are part of the SourceForge corporate family and/or outside service providers who may be used to ship products, process credit cards, provide technical support, handle order processing, or otherwise act on SourceForge's behalf. These third parties are prohibited from using users' information for any other purpose, including their own marketing.
When SourceForge uses third parties to assist in processing SourceForge.net user personal information, SourceForge requests that they comply with SourceForge.net privacy practices, and other appropriate confidentiality and security measures.
Please be advised that in certain instances, it may be necessary for SourceForge to disclose a user's personal information to government officials or otherwise as required by legal obligations. SourceForge may disclose user information when responding to subpoenas, court orders, or legal process, or to establish or exercise legal rights or defend against claims, including fraud or infringement investigations.
Data collected online may be combined with information a user provides through other means of communication, such as postal mail or third parties to further carry out the purposes described above under the heading "NOTICE, How SourceForge uses the information collected".
When users choose to provide SourceForge with personal information, users consent to the transfer and storage of such information by SourceForge.net servers in the United States.
Marketplace Service Orders
To purchase services, users may be asked to be directed to a third party site, like PayPal, to pay for their purchase. If applicable, the third party site may collect payment information directly to facilitate the transaction. None of this information will be captured or stored by SourceForge.
Links to third party web sites
Links to third party web sites on SourceForge.net are provided solely as a convenience to the user. When a user uses these links, the user leaves SourceForge.net. SourceForge has not reviewed all of these third party sites, does not control, and is not responsible for, any of these sites, their content or privacy practices. SourceForge does not endorse or make any representations about the third party sites, or any information, services, or products found on the sites. If a user decides to access any of the linked sites, SourceForge encourages the user to read their privacy statements. The user accesses such sites at user's own risk.
Bankruptcy or Sale of business
SourceForge reserves the right to share or transfer information to a third party should SourceForge ever file for bankruptcy or in the event of a sale, merger or acquisition of SourceForge, provided such third party agrees to adhere to the terms of this privacy statement.
Should a SourceForge.net user find inaccuracies in such SourceForge.net user's information, or desire to close an account or view the information SourceForge may have regarding the user, the user may contact SourceForge through the communication methods described below, or when technically feasible, directly on SourceForge.net through the Developer Profile. SourceForge.net will make commercially reasonable effort to respond to requests for access within thirty (30) days of receiving requests. SourceForge may decline to process users' access or update requests to their personal information if the requests require disproportionate technical effort, jeopardize the privacy of other users, or are impractical (for instance, requests concerning information residing on backup tapes).
To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, SourceForge implements physical, electronic, and managerial procedures to safeguard and secure the information SourceForge collects. SourceForge uses encryption when collecting or transferring sensitive data. However, SourceForge does not guarantee that unauthorized third parties will never defeat measures taken to prevent improper use of personal information.
Internal SourceForge access to users' nonpublic personal information is restricted to SourceForge.net's administrators and individuals on a need-to-know basis. These individuals are bound by confidentiality agreements.
User passwords are keys to accounts. Use unique numbers, letters, and special characters for passwords and do not disclose passwords to other people in order to prevent loss of account control. Users who share their passwords are responsible for all actions taken in their accounts. Notify SourceForge.net of any password compromises, and change passwords periodically to maintain account protection.
In the event SourceForge becomes aware that the security of SourceForge.net has been compromised or user nonpublic information has been disclosed to unrelated third parties as a result of external activity, including but not limited to security attacks or fraud, SourceForge reserves the right to take reasonable appropriate measures, including but not limited to, investigation and reporting, and notification to and cooperation with law enforcement authorities.
If SourceForge becomes aware that a SourceForge.net user's personal information has been disclosed in a manner not permitted by this privacy statement, SourceForge will make reasonable efforts to notify the affected user, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that SourceForge knows this information.
If a user has comments or questions about SourceForge.net's privacy statement, please contact:
Email: staff@sourceforge.net Telephone: (510) 687-7000 Fax: (510) 687-7046 Postal Mail until September 30, 2007: Attn: SourceForge.net Legal Services - Privacy SourceForge, Inc. 46939 Bayside Parkway Fremont, CA 94538 Postal Mail after September 30, 2007: Attn: SourceForge.net Legal Services - Privacy SourceForge, Inc. 650 Castro Street, Suite 450 Mountain View, CA 94041