Terms of Use Agreement

Recent changes

Definitions

Content: includes but is not limited to, any text, graphics, software or other creative work made available via the FOSS Factory Site.

Site: includes but is not limited to, any text or other content accessed via the FOSS Factory domain.

Terms and Conditions: includes the terms and conditions in this document as well as any changes made from time to time and incorporated by reference on the Site and in email notifications.

User: any individual accessing any part of the Site other than the homepage for any reason.

1. Licence to Site and agreement to Terms and Conditions

Use of the Site beyond the homepage constitutes acceptance of these terms and conditions. By accessing FOSS Factory's website (the "Site") or downloading any Content, you agree to be bound by the most recent terms and conditions of the Site.

You agree that your licence to use this Site is contingent upon your agreement to abide by these Terms and Conditions. FOSS Factory reserves the right to terminate your licence at any time, for any reason.

2. Terms and Conditions are Legally Binding

Upon agreement, these Terms and Conditions become legally binding upon you and FOSS Factory. You must read and agree to all Terms and Conditions contained in this document. By agreeing to this document, you agree to be bound by the Terms and Conditions of the FOSS Factory Site.

3. Content

FOSS Factory makes no representation or warranties as to the accuracy, completeness, adequacy or currency of any of the content on this Site posted by any users.

4. Intellectual Property Rights

(a) Copyright, Trade-mark, Patent

By uploading or submitting content to any part of the Site, including discussion forums, and project submissions, you warrant and represent that you are not infringing the intellectual property of any third party. Either, you own the intellectual property in the content, or you have a licence for the content that permits the posting and modification of the work by others.

(b) Licence to Provider for use of content

By submitting content as a project submission, you warrant and represent that every part of the submitted content is either:

  1. in the public domain; or
  2. licensed under the terms of one or more of the following free/open source licences, or under the terms of a licence compatible with one or more of these licences:

These licences provide that other users may freely copy, distribute, display, and perform the work, make derivative works and make commercial use of the work. An alternate licence is deemed compatible if it permits any recipient of the content to freely redistribute the content under the terms of one or more of the above licences.

(c) Moral Rights

When you submit your own work as a project submission, you retain only the moral right to have that work attributed to you. By submitting the work, and by using the free/open source licence above, you waive all other moral rights.

(d) Procedure where users infringe copyright

FOSS Factory reserves the right to remove any content that allegedly infringes copyright. If FOSS Factory is notified that a user has infringed a third party's copyright in Canada, it may:

  1. remove the infringing copyright; and/or
  2. notify the user who uploaded or submitted the infringing content that it must be removed.

FOSS Factory may take other appropriate action, as it sees fit, including but not limited to, the actions available for breaches of the Terms and Conditions. If more than one user contributed to content in question, FOSS Factory may notify all or any of those users. Notices of alleged copyright infringement may be forwarded to FOSS Factory.

5. Use of the Site

(a) Use of the Site is Restricted to Bona Fide Users.

Use of this Site is restricted solely to bona fide users. By accepting these terms and conditions, you warrant that you are a bona fide user and will use this Site for strictly bona fide purposes.

(b) Unacceptable Use of Site constitutes a Breach of Terms and Conditions.

The following activities are unacceptable and will constitute a breach of the Terms and Conditions:

  1. Use of the Site for the purposes of solicitation in any form including, but not limited to, spam or another form of individual solicitation using the Site's facilities.
  2. Posting or otherwise contributing offensive content in any form including, but not limited to, obscenity, pornography, slander, libel.
  3. Intentionally introducing any harmful content including, but not limited to, viruses, spyware, and malicious code.

6. Limitation of Liability

The Site is provided on an as-is basis. FOSS Factory expressly disclaims any liability for damage caused by:

  1. viruses, bugs, tampering, interruption, delay or other technical malfunction;
  2. errors, misrepresentations, misstatements of law, mistakes, or any similar inaccuracies related to the content contained on the Site;
  3. defamation, slander, libel, obscenity, pornography or profanity in any content posted by users;
  4. any third party content accessed through links from this Site;
  5. the unavailability of this Site or any of its contents; or
  6. the use or reliance on any of the contents of this Site, including content that is made available on other sites not affiliated with FOSS Factory

7. Breach of Terms and Conditions

(a) Power to investigate.

FOSS Factory reserves the right to investigate complaints or breaches of the Terms and Conditions. FOSS Factory may report any suspected unlawful activity to law enforcement agencies.

(b) Remedies Available.

Where there has been a breach of the Terms and Conditions, FOSS Factory reserves the right to seek all applicable remedies available at Law and in Equity including, but not limited to:

  1. blocking access to the Site
  2. terminating the user's membership to the Site

(c) Governing Law and Jurisdiction.

The Terms and Conditions are governed by, and construed in accordance with, the laws of the Province of Ontario. All disputes will be handled within the jurisdiction of the Province of Ontario.

8. Privacy Subject to Privacy Policy

Your use of the Site is subject to FOSS Factory's Privacy Policy available here: http://www.fossfactory.org/privacy.php

9. Representations, Warranties and Disclaimer

Unless otherwise mutually agreed to by the parties in writing, FOSS Factory offers this Site and the Content available therein as-is and makes no representations or warranties of any kind concerning the Site and the Content available therein, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not discoverable. Some jurisdictions do not allow the exclusion of implied warranties, so such exclusion may not apply to you.

10. Limitation on Liability

Except to the extent required by applicable law, and except for damages arising from liability to a third party resulting from breach of the warranties in Section 9, in no event will FOSS Factory be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of the use of the work, even if FOSS Factory has been advised of the possibility of such damages.

11. Modifications to Terms and Conditions

(a) FOSS Factory reserves the right to amend the Terms and Conditions from time to time;

(b) Any subsequent changes to the Terms and Conditions contained on the Site are incorporated by reference;

(c) You will be notified of any subsequent changes to the Terms and Conditions via email. Also, the Terms and Conditions will contain a link to "Recent Changes" which will be listed in chronological order; and

(d) Your use will be subject to the most recent version of the Terms and Conditions.

Recent Changes

2011-04-15Explicitly allowed submissions under compatible licences.
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