Table of Contents
AGREEMENT TO TERMS
The information provided on the Site is intended for use in jurisdictions where such use does not violate any laws or regulations. Users accessing the Site from other locations do so at their own risk and are responsible for compliance with local laws. The Site is not tailored to comply with industry-specific regulations, and use of the Site in a way that would violate laws such as HIPAA, FISMA, and GLBA is prohibited. The Site is intended for users who are at least 18 years old.
INTELLECTUAL PROPERTY RIGHTS
The Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, “Content”), and trademarks, service marks, and logos contained therein (the “Marks”) are the proprietary property of LinuxCapable and are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site for personal use only.
Unless otherwise indicated, you are prohibited from copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or otherwise exploiting any portion of the Site or Content for any commercial purpose without the express prior written permission of LinuxCapable.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content for your personal, non-commercial use. LinuxCapable reserves all rights not explicitly granted to you in and to the Site, Content, and Marks.
As a Site user, you are prohibited from utilizing the Site for any purpose other than its intended use. Any commercial endeavors not specifically endorsed or approved by us are also prohibited. Additionally, you agree to not engage in any of the following activities:
- Retrieving data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission.
- Attempting to trick, defraud, or mislead other users and us, particularly in efforts to obtain sensitive account information such as user passwords.
- Circumventing, disabling, or otherwise interfering with security-related features of the Site, including those that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site or the Content contained therein.
- Disparaging, tarnishing, or otherwise harming our reputation or the Site in any way.
- Utilizing any information from the Site to harass, abuse, or harm another person.
- Making improper use of our support services or submitting false reports of abuse or misconduct.
- Using the Site in a manner inconsistent with any applicable laws or regulations.
- Engaging in unauthorized framing of or linking to the Site.
- Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engaging in automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
- Deleting the copyright or other proprietary rights notice from any content.
- Attempting to impersonate another user or person or using the username of another user.
- Uploading or transmitting (or attempting to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism.
- Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.
- Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Site to you.
- Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
- Deciphering, decompiling, disassembling, or reverse engineering any software comprising or making up a part of the Site.
- Using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Using a buying agent or purchasing agent to make purchases on the Site.
- Making any unauthorized use of the Site, including collecting usernames or email addresses of users by electronic or other means to send unsolicited emails or create user accounts by automated means or under pretenses.
- Using the Site as part of any effort to compete with us or using the Site or the Content for any revenue-generating endeavor or commercial enterprise.
USER GENERATED CONTRIBUTIONS
The Site invites users to participate in various forms of online communication, including but not limited to blogs, message boards, online forums, and other interactive features. Users may be asked to submit content and materials, such as text, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively referred to as “Contributions”). These Contributions may be viewed by other users of the Site and through third-party websites. By submitting Contributions, users represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of the Contributions do not and will not infringe on any proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- The Contributions are not false, inaccurate, misleading, unsolicited, or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- The Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, slanderous, or otherwise objectionable as determined by the Site.
- The Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone or promote violence against a specific person or group.
- The Contributions do not violate applicable laws, regulations, or rules or violate any third party’s privacy or publicity rights.
- The Contributions do not violate any laws concerning child pornography or otherwise intended to protect the health or well-being of minors.
- The Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
By posting Contributions to any part of the Site, you grant us an unrestricted, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial or otherwise. This license applies to any form, media, or technology now known or developed in the future. It includes using your name, company name, and any trademarks, service marks, trade names, logos, and images you provide. You waive all moral rights in your Contributions and are solely responsible for them. We have the right to edit, redact, or remove any Contributions at any time without notice.
Regarding Submissions, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights to these Submissions and can use them for any lawful purpose without acknowledgment or compensation to you. You waive all moral rights to these Submissions and warrant that they are original or that you have the right to submit them. There shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
We permit advertisers to display their advertisements and other information on certain site areas, such as sidebar or banner advertisements. Advertisers are fully responsible for any advertisements they place on the Site and any services or products sold through those advertisements. Advertisers warrant and represent that they possess all necessary rights and authority to place advertisements on the Site, including but not limited to intellectual property rights, publicity rights, and contractual rights. We only provide the space for such advertisements and have no other relationship with advertisers.
As a company, we respect the intellectual property rights of others and take copyright infringement very seriously. If you believe that any material available on or through our Site infringes upon any copyright you own or control, we ask that you immediately notify us using the contact information provided on our website. This notification is referred to as a “Notification.” Upon receipt of a Notification, a copy will be sent to the person who posted or stored the material addressed in the Notification. It is important to note that, under applicable law, you may be liable for damages if you make material misrepresentations in a Notification. Therefore, if you are not certain that material located on or linked to our Site infringes your copyright, we recommend you consult with an attorney before sending a Notification.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you will be prohibited from registering and creating a new account under your own name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of our Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. Additionally, we reserve the right to modify or discontinue all or part of our Site without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Site.
These Terms shall be governed by and defined by the laws of Australia. Both LinuxCapable and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these terms.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The International Commercial Arbitration Court will determine the number of arbitrators and the language of the proceedings. The seat, or legal place, of arbitration shall be Australia, and the governing law of the contract shall be the substantive law of Australia.
The parties agree that any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding to the full extent permitted by law. There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class-action procedures. Additionally, there is no right or authority for any dispute to be brought in a representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The parties agree that the following disputes are not subject to the provisions concerning informal negotiations and binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable, and a court of competent jurisdiction shall decide the such dispute within the courts listed for jurisdiction above. The parties agree to submit to the personal jurisdiction of that court.
The Site may contain typographical errors, inaccuracies, or omissions regarding descriptions, pricing, availability, and other details. The Site reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice. This ensures that users have access to the most accurate and up-to-date information.
The Site is provided on an “as-is” and “as available” basis. By using the Site and the services provided, users agree that their use of the Site will be at their own risk. The Site, to the fullest extent permitted by law, disclaims all warranties, express or implied, in connection with the Site and the use of the Site, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Site makes no warranties or representations about the accuracy or completeness of the Site’s content or any websites linked to the Site. It will not be held liable or responsible for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, unauthorized access to or use of secure servers, interruption or cessation of transmission to or from the Site, bugs, viruses, Trojan horses or similar, errors or omissions in any content and materials, or loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. The Site does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. The Site will not be a party to or in any way responsible for monitoring any transaction between users and third-party products or service providers. Users should use their best judgment and exercise caution when appropriate when purchasing products or services through any medium or in any environment.
LIMITATIONS OF LIABILITY
Under no circumstances will the Site or its directors, employees, or agents be liable to users or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from the use of the Site, even if the Site has been advised of the possibility of such damages. This limitation of liability applies to all claims and damages of any kind, including but not limited to compensation, loss of use, lost profits, or any other damages.
It’s also worth noting that we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware.
As a Site user, you are responsible for all data you transmit or related to any activity you have undertaken using the Site. We will maintain certain data that you transmit to the Site to manage the performance of the Site, as well as data relating to your use of the Site. However, it’s important to note that while we perform routine data backups, we shall have no liability to you for any loss or corruption of any such data. You hereby waive any right of action against us arising from any such loss or corruption of such data.
This section outlines that as a Site user, you are solely responsible for the data you transmit or related to any activity you undertake using the Site. We will maintain certain data to manage the Site’s performance, but we will not be held liable for any loss or corruption of that data. It’s important to note that you are also waiving any right of action against us in case of any such loss or corruption of data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the website, sending emails, and completing online forms, you are engaging in electronic communication with the company. By using the website and communicating electronically with the company, you consent to receive electronic communications and agree that any agreements, notices, disclosures, and other communications provided to you electronically, via email, and on the website, satisfy any legal requirement that such communication be in writing. Additionally, you agree to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and records of transactions initiated or completed by the company or through the website. Furthermore, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any issues or complaints with the company are not satisfactorily resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for assistance. This can be done in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.