Terms of Service

From WikiContent

Revision as of 21:04, 19 August 2006 by Mikeh (Talk | contribs)
Jump to: navigation, search

Back to WikiContent:Community_Portal
These terms of service (“TOS”) govern your participation in our Art of Community Project (the “Project”), and by participating in the Project you agree to comply with this TOS:


1.1 You are responsible for maintaining the security of your password and providing accurate registration data. If you provide inaccurate data, or if we have reasonable grounds to believe that to be the case, we may suspend or terminate your participation in the Project.

1.2 You agree that you will comply with the Project guidelines and policies, and that you will not use the Project to: (a) transmit spam, bulk, or unsolicited communications; (b) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Project; (c) misrepresent your identity, or affiliation, with any person or entity; (d) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to participate in the Project; (e) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law; or (f) collect or store personal data about other users unless specifically authorized to do so by such users.


2.1 All of your contributions and submissions must comply with the Project policies and guidelines. In particular, you agree and acknowledge that you will be required to make any contribution or submission available to the Project and the public under the _______ Creative Commons license, or the applicable license, if the Project has subsequently adopted a different license when you make a particular contribution or submission, that license will be applicable to your submission (the “Open License”). The Open License may contain certain limitations on liability and warranty disclaimers. However, as between you and O'Reilly, you assume all risk and consequences resulting from any third party's use of any submission or contribution made by you.

2.2 We reserve the right to monitor, restrict access to, edit or remove any content that is available via the Project.


3.1 We may display advertisements and promotions from third parties on the Project websites. Your dealings with, or participation in promotions of, advertisers found on or through the Website, are solely between you and the advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or participation.

3.2 You acknowledge and agree that the Website may provide (as a convenience) links or other references to external resources, and that we are not responsible for the availability of such resources. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such resources.


4.1 "Trademarks" means all names, marks, logos, designs, slogans and other designations we use in connection with our activities, publications, products and services. You agree not to incorporate any Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. You may not remove or alter any Trademarks, or co-brand your own services or material with any of the Trademarks.

4.2 We are committed to respecting others' intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact our copyright agent as described in our copyright agent page [link].

4.3 You agree to assume all risk in downloading any content, and all risk from your use of it. You must take precautions (e.g., virus scans, etc.) to ensure that any content you download is free of viruses, worms or other potentially destructive elements. O'Reilly provides no assurances that the content is or will be free of viruses, problems, or errors, nor assurances that any such issues will be resolved.


You agree to indemnify and hold O'Reilly and its officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives harmless from any claim, or demand, and any resulting material costs, losses, and/or damages, including reasonable attorneys' fees, related to or arising out of your material violation of this TOS.


We reserve the right at any time to modify, suspend or terminate the Project (or any part of it), and/or your participation, with or without notice. We will not be liable to you or any third-party for any modification, suspension, or termination of the Project, or loss of related information or content. We may amend this TOS at any time by posting the amended terms on the Project website, and your continued use of the website will constitute consent to the modified TOS.

7. Disclaimer of warranties

7.1 Your participation in the project is at your sole risk unless otherwise explicitly stated in this tos. The project, including all information, services and content is provided on an "as is," "as available," and "with all faults" basis. We disclaim all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. We make no representations, warranties, or guarantees as to the usefulness, quality, suitability, truth, accuracy or completeness of the website.

7.2 We make no warranty, guarantee, or representation that: (a) the project and any project services and websites will be uninterrupted, timely, secure, or error-free; (b) the project contents and websites will be accurate or reliable; (c) the quality of any content, information, or other material obtained from the website will meet your expectations or requirements; or (d) any errors in the content or any website will be corrected. No advice or information, whether written or oral obtained by you from us, whether obtained through the project or otherwise, shall create any warranty not expressly provided in this tos.

7.3 You assume all risk for any damage to your computer system or loss of data that results from your participation in the project, or use of, or obtaining any content from, the project or any website, including without limitation any damages resulting from computer viruses.

8. Limitation of liability

8.1 To the full extent permitted by law, we disclaim and shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data or economic advantage arising out of or in connection with the project or any website, even if we have previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they may arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use any project website; (b) statements or conduct of any third party, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, false or fraudulent transactions, or unauthorized access to or use of registration data; or (c) content or information you may download, use, modify or distribute.

8.2 To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.


You consent to the collection, processing and storage by us of your personal information in accordance with the terms of O'Reilly's Privacy Policy [link]. You agree to comply with all applicable laws and regulations, and the terms of O'Reilly's Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with the Project.


10.1 This TOS constitutes the entire agreement between you and us relating to its subject matter, and cancels and supersedes any prior versions of this TOS. No modification to this TOS will be binding, unless in writing and signed, or posted by our authorized representative. You also may be subject to additional terms and conditions that may apply when you use our products or services.

10.2 This TOS will be interpreted and enforced in accordance with California law applicable to contracts made and performed in California by California residents. Any action to enforce this agreement must be brought in the U.S. District Court in San Francisco, California, or in the Superior Court for the County of San Francisco, California, and you agree to the jurisdiction and venue of these courts. Rights and obligations under this TOS which, by their nature should survive, will remain in full effect after termination or expiration of this TOS, including without limitation Sections 2, 5, 6, 7, 8, and 10.

10.3 Any express waiver or failure to exercise promptly any right under this TOS will not create a continuing waiver. If any provision of this TOS is held invalid by any court or arbitrator, you agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this TOS will remain in full force and effect. Except as expressly provided, nothing in this TOS shall be construed to give any third party any legal or equitable right, remedy or claim under this TOS.

Personal tools