OSDN Terms and Conditions of Use
Before using OSDN, please carefully read these Terms relating to your use of this web site.
1. ACCEPTANCE OF TERMS
By using this website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the site.
OSDN provides the information and services on this website to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions contained herein. Your use of this website constitutes your agreement with such terms and conditions.
We reserve the right, at our discretion, to change, modify, add or remove portions of these terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website. Your continued use of the OSDN following the posting of changes to these terms and conditions will mean that you accept those changes.
In addition, each user's use of particular Services may be subject to specific guidelines or Service-specific Rules. Use of OSDN and/or its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use OSDN or any of its Services, as defined herein, and should refrain from accessing OSDN and its Services.
OSDN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, OSDN or any Service thereon (or any part thereof). OSDN shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using the OSDN website, you warrant to OSDN that you will not use this website, or any of the content obtained from this website, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the OSDN website automatically terminates.
3. DESCRIPTION OF SERVICE; NO WEB ACCESS
OSDN is a website owned and operated by OSDN Corporation("OSDN), for the purpose of fostering 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 OSDN (the "Purpose"). OSDN currently offers users access to a rich collection of on-line resources for Open Source software development and content creation, including various communications tools, source code control and project management tools, online forums, personalized content and branded programming through its network of properties (collectively, the "Services"). To use the Services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.
4. REGISTRATION OBLIGATIONS
If required by OSDN, each user must: (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive a password and account designation upon completing the Service's registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. OSDN cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify OSDN of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
OSDN handles user Registration Data in accordance with the OSDN Privacy Statement.
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not OSDN, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via OSDN or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on OSDN and/or any Service which, in the judgment of OSDN, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.
OSDN will not pre-screen or review Content, but OSDN reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, OSDN shall have the right (but not the obligation) in its sole discretion to refuse or delete any content that it reasonably considers to violate the Terms or be otherwise illegal. OSDN, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of OSDN, its users and the public. OSDN does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will OSDN be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via OSDN or any Service thereon.
Each user, by using OSDN or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. LICENSING AND OTHER TERMS APPLYING TO CODE AND OTHER CONTENT POSTED ON OSDN:
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 OSDN ("Source Code") shall be subject to the OSI-approved license applicable to such Source Code, or to such other licensing arrangements that may be approved by OSDN as applicable to such Source Code.
With respect to text or data entered into and stored by publicly-accessible site features such as message boards and bug trackers, the submitting user retains ownership of such OSDN Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display project activity, such content is owned by OSDN. In each such case, the submitting user grants OSDN the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable approved license.
With respect to Content posted to private areas of OSDN, i.e., private OSDN development tools or OSDN Mail, the submitting user may grant to OSDN or other users such rights and licenses as the submitting user deems appropriate.
Content located on any OSDN-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 applicable to such Source Code, or to such other licensing arrangements that may be approved by OSDN as applicable to such Content.
7. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
OSDN may establish general practices and limits concerning use of the Services, as defined by posted Service-specific Rules. While OSDN will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, OSDN has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. OSDN reserves the right to mark as "inactive" and archive accounts and/or projects that are inactive for an extended period of time. OSDN reserves the right to change these general practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
We may terminate a user’s account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: 1.) violation of these Terms; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of Service in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.
OSDN's termination of any user's access to OSDN or any Service hereunder may be effected without notice and, on such termination, OSDN may immediately deactivate or delete user's account and/or bar any further access to such files, that Service or OSDN. OSDN shall not be liable to any user or other third party for any termination of that user's access or account hereunder.
OSDN, any Service or a third party may provide links to other websites. OSDN exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. OSDN shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
This website’s privacy statement is applicable only when you are on our website. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
11. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Each user shall indemnify, defend and hold harmless OSDN, its subsidiaries and affiliates and their respective officers, employees and agents, and each of OSDN's website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of OSDN; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND OSDN ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. OSDN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, OSDN MAKES NO WARRANTY THAT (i) OSDN OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE ININTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF OSDN'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OSDN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OSDN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO OSDN OR ANY SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN OSDN AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, OSDN DOES NOT AND CANNOT CONTROL THE ACTIONS OF OSDN USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO OSDN OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY OSDN.
12. TRADEMARK INFORMATION
OSDN, the OSDN logo and other OSDN trademarks, service marks, and product and service names are trademarks of OSDN Corporation. All other names and designs may be trademarks of their respective owners.
OSDN respects the intellectual property rights of others, and requires that the people who use the OSDN website do the same.
If OSDN receives copyright infringement, OSDN reserves the right to refuse or delete Content, or to terminate a user's account.
14. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and OSDN and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and OSDN shall be governed by the laws of Japanese without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Tokyo, Japan. 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.
15. VIOLATIONS OF TERMS
Please report any violations of the Terms to the OSDN Support Manager at admin at osdn.net.
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