maemo.org TERMS AND CONDITIONS OF USE
(Version 1/2014; posted and effective as of 1st of August 2014)
(2016/02/20: Edited to replace Hildon Foundation with Maemo Community e.V.)
ACKNOWLEDGEMENT AND ACCEPTANCE.
PLEASE READ THESE TERMS AND CONDITIONS ("SITE TERMS") BEFORE USING THIS maemo.org WEB SITE ("SITE"). BY ACCESSING, BROWSING OR USING THE SITE YOU (AND THE ENTITY ON BEHALF OF WHICH YOU ARE ACTING) AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU (OR THE ENTITY ON BEHALF OF WHICH YOU ARE ACTING) DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS THIS WEB SITE OR USE ANY OF THE SERVICES PROVIDED ON OR THROUGH THE SITE.
This Site is hosted as a public service by Maemo Community e.V (c/o Rüdiger Schiller, Beethovenstraße 19, 67655 Kaiserslautern, Germany) and its subsidiaries or affiliates. The maemo.org web site is operated by community volunteers ("the operator of this site"). With respect to general inquiries concerning this Site please refer to the FAQ or send your queries to webhost@maemo.org
1. COPYRIGHT AND TRADEMARKS
This Site includes material that is protected by virtue of trademark law, trade name law, copyright and its neighbouring rights of third parties. The use in any manner or form of all or part of the material displayed or made available on or through this Site is subject to applicable license terms or permission from the respective right holder. For such terms please refer to the license section on this Site. All logos and trademarks contained on this Site are and remain the property of their respective owners. Nothing on this Site may be interpreted as a grant of license, save for where expressly stated, to the copyrights and other intellectual property rights of third parties.
You may transport these pages through any network media using the HTTP Hypertext Transfer Protocol for temporary storage for the purposes of reading these pages. You may print these pages on hard- copy for non-commercial use. These pages may not be duplicated for any other reason or purpose. Copies of these pages may not be modified. You may refer to these pages from other pages via Uniform Resource Locators (URLs). These pages may not be permanently stored on any system other than maemo.org that is capable of retrieving them via HTTP.
1.1 Notice and Takedown Procedure
Maemo Community e.V. respects the intellectual property rights of others, and requires that the users of this Site do the same. Maemo Community e.V. will respond to claims of intellectual property misuse. If you believe that your work or work of someone else you may legally represent is without your or the copyrights holder's authorization accessible on these pages in a way that you believe constitutes an infringement of the applicable copyright or neighboring rights you may notify Maemo Community e.V. of such suspected misuse by providing a notice thereof. After receiving a claim of infringement or in case Maemo Community e.V. deems the material in question to be in breach of applicable legislation, Maemo Community e.V. reserves the right to remove such Content from the Site or disable access to such Content without further notice.
All notifications concerning the above shall be sent to the following email address:
contact(at)maemo.org
2. LINKS TO THIRD PARTY WEBSITES
The links on this Site are provided for information purposes only. If you access any of the third party sites linked to this Site, you do it entirely at your own risk. Maemo Community e.V. has not necessarily reviewed these third party sites and does not control and is not responsible for any of those sites or the content of those sites or any damages incurred by the use of those sites. A link to a third party web site does not indicate that Maemo Community e.V. endorses such site or any information, software or other products, services or materials found on or through such site. Please note that the Privacy Policy applicable to this Site does not govern the policies used on linked sites.
3. CONTENT AND CONTRIBUTIONS
3.1 Content
Any information or materials transmitted via this Site ("Content") are the sole responsibility of the original sender. Thus, you are entirely responsible for all content that you upload, post, email or otherwise transmit via this Site. You may not transmit content or otherwise participate in any activities on this Site which is likely to be prohibited by law in any applicable jurisdiction or contrary to these Site Terms.
3.2 Software, Documentation and Graphics Contributions
If you wish to contribute software, code documentation, skins, icons or other graphics to this project, please read first the Contribution Guidelines and for further information contact webhost@maemo.org. Maemo Community e.V. makes no representations or warranties of any kind, including express or implied that your contribution will end up to this Site or any of its' projects. Maemo Community e.V. reserves the right at its exclusive discretion to decide whether or not to introduce any new software, code documentation or graphics to this site or any of its' projects.
3.3 Grant of License to Submitted Content
By submitting any Content (excluding software, code, graphics and documentation contributions governed by the Contribution Guidelines but including without limitation data, text, feedback, suggestions, comments, ideas, concepts, plans or the like in whatever manner or form and whether or not protected or possible to protect by statutory or other protection) to or through this Site by any means you license and grant Maemo Community e.V. and its affiliates and sub-licensees (or warrant that the owner of such rights has expressly granted) a non-exclusive, royalty-free and free of charge, perpetual, worldwide, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, modify, adapt, create derivative works of, distribute, and display such Content or any concept described in it throughout the world in any media or technology (now known or developed in the future), product and/service, including, without limitation any mobile or wireless terminals, such as, but, not limited to, mobile phones and any related products, services and accessories, advertising, marketing and promotional materials, and digital reproductions, without compensation, restrictions on use, acknowledgement of source, accountability or liability, and with waiver of all moral rights and rights of attribution, integrity and identity.
3.4 General Rules Regarding Content Submissions
With regard to any Content submissions, you understand and agree that you are solely and fully responsible for any and all aspects of the Content submitted, including but not limited to its legality, appropriateness and non-infringement of third party intellectual property rights, and Maemo Community e.V. shall not be liable in any way for such Content. Maemo Community e.V. cannot monitor all Content provided by you or any other user to this Site, but may monitor some Content at its discretion. Further, with regard to any and all Content submissions, you agree that:
(a) you will not post, publish, transmit, distribute, or upload any information through the Site that is unlawful or fraudulent, or violates or infringes any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others. In connection therewith you represent and warrant to Maemo Community e.V. that your content does not infringe the trademarks, copyrights, patents, or other intellectual property rights of any third parties;
(b) the Content will not contain any material that is unlawful, libellous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, or that Maemo Community e.V. may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication;
(c) you will not send any such messages to any other user that contain vulgar, abusive or otherwise inappropriate language;
(d) you will not disrupt the flow of discussion with vulgar, abusive or otherwise inappropriate language, or by other means, including without limitation hitting the return key repeatedly or posting repetitive text;
(e) you will not, without first using reasonable efforts to scan and remove any viruses or any contaminating or destructive features before submitting any Content to the Site, post, publish, transmit, distribute, or upload any information through the Site that contains a virus, Trojan horse, "sniffer" routines, backdoors, worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features ("Malware");
(f) your postings or Content submissions shall not cause injury or harm to any persons or entities;
(g) you will not use the Site to "stalk" or harass another person and your Content and use will not suggest or encourage to any illegal activity;
(h) your use of the Site will not compromise the security or integrity of Maemo Community e.V.'s computer systems, networks or web site(s) or servers, whether by allowing intruders into the same, introducing Malware or other threats, imposing a disproportionate or unreasonably large load on this Site or its infrastructure, or using any computer programming routine, file or device to damage or interfere with the operation of the Site;
(i) you will not post, publish, transmit, distribute, or upload through the Site any unauthorized or unsolicited bulk email solicitations, chain letters, advertisements, marketing or promotional materials, "junk mail", "spam", pyramid schemes or any other solicitations or communications, including without limitation spamming the operator or other users of the Site, or use or collect other users' email addresses or phone numbers, or other users' information or postings, or use the Site to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to this site or any visitor's computer system;
(j) you will not register (where applicable) with or otherwise use a false name, identity or email address, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, use another user's password (if applicable), forge headers or otherwise manipulate identification information to falsify or disguise the origin of any Content, or falsify or misrepresent any Content with respect to submissions to the Site, and
(k) you will follow all laws and regulations applicable to your use of the Site. Such laws and regulations include, without limitation, those governing copyright, defamation, privacy, cryptography and export control as well as publicity and the access or use of others' computer or communication systems.
4. PUBLIC FORUMS AND MAILING LISTS
4.1 Chat and Message Boards
The message boards, chat rooms and other similar media ("Public Forums") on this Site are made available to facilitate information exchange. Please be aware that your use of Public Forums is of public nature and open to a variety of users of different ages and levels of experience and that Maemo Community e.V.is not able to monitor the material posted and published on Public Forums by the users. Thus, the advice, views, opinions, and validity of information expressed are solely the responsibility of the original sender. Your use of Public Forums is at your own risk and you are responsible for all and any actions you take on the Public Forums as well as for all and any actions that you take based on information and Content gained on Public Forums. Further, please note that while there are always risks associated with providing personal or other data, whether in person, by phone or over the Internet, and no system of technology is completely safe, "tamper" or "hacker-proof" do not under any circumstances use your full name or give out your detailed address, phone number or any other personally identifiable information about yourself or anybody else on a message board, chat room and/or any other similar medium.
4.2 Newsletters and Mailing Lists
You may be offered the possibility to subscribe to newsletter(s) and/or mailing list(s) on this Site. Please notice that, in order to receive any newsletter(s) or mailing(s) you are required to submit a valid email address to this Site (Opt-in). The email address submitted by you will be handled and stored in accordance with this Site's Privacy Policy. The newsletter(s) and mailing(s) may include for example information concerning or related to this Site or this project.
You have the right at any time to prohibit sending of newsletters or other mails (Opt-out) by following the instructions for doing so in each newsletter or other mail that you receive or by sending an email to webhost@maemo.org.
5.APPLICABLE LICENSES
The software made available on this Site is for your convenience and subject to the open source/free software licenses of their respective licensor as indicated in the respective source code files. No other licenses are granted or implied through this Site. In many cases, Maemo Community e.V. is not the licensor, but merely making the software available to you solely to comply with the applicable licensing terms and conditions. All documentation related to the software as well as skins, icons and graphics made available on this Site are subject to their own license terms. For more information concerning the applicable license terms for software, documentation and graphics please see the License Section.
NOTICE AND DISCLAIMER RELATING TO CERTAIN LEGAL ASPECTS OF SOFTWARE DISTRIBUTED ON THIS SITE
Each licensor grants the licenses to software as set forth in the applicable licenses, no assurances are provided by Maemo Community e.V. that the software so distributed/licensed does not infringe the patent or other intellectual property rights of any other entity or that those licenses provide you with all the necessary rights to make use of the software available herein. For example, if a third party patent license is required to allow you to distribute or commercially make use of certain software made available on this Site, it is your responsibility to acquire the necessary licenses before such distribution or making use of the software.
Maemo Community e.V. disclaims any liability for claims brought by you or any other entity based on infringement of intellectual property rights or otherwise. You are hereby advised of these issues and therefore assume the sole responsibility to secure any other intellectual property rights and/or licenses that may be needed.
6. BREACH OF TERMS AND CONDITIONS
In the event Maemo Community e.V. deems, at its exclusive discretion, that you are in breach of these Site Terms, Maemo Community e.V. shall take any action as it may deem at its exclusive discretion appropriate, to address your breach, including without limitation removal of Content, termination of membership (where applicable), prevention of access and any legal action in any competent authority or court. The operator of this Site has the right to terminate your right to use the Site without notice at any time for any reason at the operators' sole discretion and in particular, if you breach these Site Terms or use the Site illegally or in a way that Maemo Community e.V. deems inappropriate. In the event that you are aware of a user that breaches these Site Terms by for example, but not limited to, stalking or harassing other users on a Public Forum, please report such conduct by emailing webhost@maemo.org.
7. DATA PROTECTION
The operator of this Site is committed to the protection of privacy of the Site visitors. Any personal information that you may provide to or through this Site, or that the operator of this Site may receive in connection with your use of the Site or services provided herein will be collected, handled and stored in accordance with the Site's Privacy Policy. Personal information that you may submit on or through this Site, or that the operator may receive in connection with the services provided on this Site, such as chat rooms and message boards, may include your name and email address and information about your responses to the Site. Please consult the Site's Privacy Policy for more information on how personal information submitted on or through this Site are handled.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL CONTENT ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. MAEMO COMMUNITY E.V. DOES NOT WARRANT THAT THE SITE, SERVICES OR ANY LINKED WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. MAEMO COMMUNITY E.V. IS NOT LIABLE FOR THE NON-AVAILABILITY OF THIS SITE, ITS CONTENTS OR SERVICES HOWEVER CAUSED. MAEMO COMMUNITY E.V. ASSUMES NO LIABILITY OF ANY DELAY, DATA LOSS OR DAMAGE DURING THE TRANSMISSION TO OR FROM OR STORAGE ON THE SITE. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THIS SITE. MAEMO COMMUNITY E.V. SHALL NOT BE LIABLE FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, ITS CONTENTS OR RELATED TO THE SOFTWARE DOWNLOADED FROM THIS 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 MAEMO COMMUNITY E.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF MAEMO COMMUNITY E.V. WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE MANDATORY LAW.
9. MISCELLANEOUS
9.1 Availability and Changes to the Site
The operator of this Site reserves the right to make changes to this Site or any Content on this Site at any time without prior notice. The operator of this Site further reserves the right to withdraw or remove from or disable access to any Content on this Site, including without limitation access from countries or by entities or persons possibly embargoed by applicable export control regulation, or discontinue hosting this Site at any time without prior notice.
9.2 Service Specific Terms
Maemo Community e.V. may have or later introduce separate terms for different services on this Site, in which the service specific terms and conditions are set forth (including data protection). Please review and accept such service specific terms and conditions prior to any use to ensure that you are at all times aware of your rights and obligations.
9.3 Entire Agreement
These Site Terms constitute the entire agreement between you and the operator of this Site and govern your use of this Site, superseding any prior agreements. You may be subject to additional or other terms and conditions that may apply when you use or contribute any Content (including without limitation software). In addition, the following terms and notices are by reference incorporated into these Site Terms:
9.4 Partial Invalidity
The invalidity of a provision of these Site Terms or any other applicable terms and notices shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision which comes closest to the result and purpose of these Site Terms or any other applicable terms and notices. These Site Terms shall neither exclude nor limit any of your mandatory rights in your country of residence.
9.5 Changes to the Site Terms
Maemo Community e.V. may change these Site Terms and the incorporated terms and notices at its sole discretion. Such modifications shall be effective immediately upon posting of the modified Site Terms, terms or notices to this Site. Your continued use of this Site following the posting of changes to these Site Terms, terms or notices will mean that you accept those changes.
9.6 Governing Law
Except where prohibited by mandatory local laws, these Site Terms and other applicable terms and notices shall be governed by the laws of Germany/EU.