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OpenFoundry Terms of Use

Lastly updated: 2010-7-15

1. Abbreviation and Definition

"OpenFoundry's Content" means the content that is provided by OpenFoundry and stored on the Website.

”Public Content” means the content that is created by you and stored in the public and open areas on the Website, for example your posts or comments on the forum, comment system or issue tracker.

”Related Services” means supplementary services, that are provided by OpenFoundry to facilitate you to use all the functions of the Website completely. For example, each project of OpenFoundry has its own FTP storage. Providing FTP space is one of the Related Services of the Website.

”Terms” means OpenFoundry Terms of Use.

”Website” means OpenFoundry website.

2. Acceptance of the Terms

Once you start using the Website and the Related Services, you agree to the Terms. If you don't agree to the Terms, you will not be given any right to use the Websites and the Related Services.

The full text of the Terms are located at: http://www.openfoundry.org/en/terms-of-use.

3. Coverage of the Terms

Unless otherwise stated, the Terms apply to all the content on the Website and the Related Services.

4. Intellectual Property Rights of Your Content

You have the full intellectual property rights over the content that is created by you and stored at the Website. You agree to grant OpenFoundry, however, :

    a) a world-wide, royalty-free, permanent, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, distribute, perform and display all or part of your Public Content in any form, any media or any so far unknown or un-invented technologies; and
    b) a license to reveal statistical data related to your Public Content for the purpose of demonstrating the performance of the OpenFoundry to the public.
OpenFoundry follows the Privacy Policy regarding to your non-disclosure information. The Policy is located at: http://www.openfoundry.org/en/privacy-policy

5. Intellectual Property Rights of OpenFoundry's Content

Unless otherwise stated, intellectual property rights of OpenFoundry Content are owned by Academia Sinica. OpenFoundry Content is licensed under Creative Commons Attribution -NonCommercial-NoDerives 2.5 Taiwan License and its later versions. You are allowed to reproduce and distribute OpenFoundry Content in any form, provided you comply the following obligations:

    a) No commercial use is allowed.
    b) A statement that the intellectual property rights belong to Academia Sinica must accompany such reproduction and/or distribution;
    c) You are required to cite this copyright text in full.
The full legal text of Creative Commons Attribution -NonCommercial-NoDerives 2.5 Taiwan License is located at http://creativecommons.org/licenses/by-nc-nd/2.5/tw/deed.en ; its deed and logo can be found at: http://creativecommons.org/licenses/by-nc-nd/2.5/tw/legalcode.

If you intend to use OpenFoundry Content outside the above-mentioned license, please contact us.

6. Data in the Version Control System

Your should apply the Creative Commons licenses, the licenses certified by OSI (Open Source Initiative) and/or the licenses approved by OpenFoundry for the data stored by you in the version control system of  the Website.

7. Network Connection on Your Own Expense

In order to use the Website and the Related Services, you have to obtain Internet connection and any tool required to this connection on Your own. You also have to bear any expense incurred that is required to access the Website and the Related Services.

8. Obligation of Registration

A number of the services of the Website require you to register with your personal information. After signing up you will have to protect the account name and the associated password on your own.

9. Obligations of Legal Cooperation

In the case that a third party files a claim, lawsuit, damage or request against you according to your action or negligence (such as posting comments on the Website, or your violating the TOU), you agree to take every necessary measure to absolve the responsibility of OpenFoundry and its staff. You will defend for OpenFoundry when necessary and maintain good will to OSSF.

10. Disclaimer of Warranties and Limitation of Liability

For non-OpenFoundry's Content OpenFooundry does not provide any warranty. OpenFoundry will not be liable to you for non-OpenFoundry's Content, either. OpenFoundry will consequently not bear any cost or responsibility incurred.

OpenFoundry is not responsible for any loss or incurred cost caused by any erroneous operation of yours, by computer virus, failed connection, theft, other interference or any misdeed listed in Article 11.

OpenFoundry is not responsible for the failure of storage or loss of the information that you have stored on the Website.

OpenFoundry does not guarantee the accuracy and adequacy of any information obtained through the links provided by the Website or other third parties. OpenFoundry takes no responsibility to any direct or indirect damage incurred by such linkage.

11. Idle Account or Project

If an account or a project sees no activity for a certain period of time, OpenFoundry reserves the right to mark such account or project as "idle". OSSF also reserves the right to file such account or project separately.

12. Improper Conduct and Termination of Rights

In any of the following cases, OpenFoundry may suspend part or all of your rights to use the Website or the Related Services without any notice:

    a) Any illegal or improper conduct such as infringement, violation of law, violation of the Terms, or providing the Website with incorrect personal data;
    b) Abuse of the services provided by OpenFoundry on the Website or the Related Service by violating the Terms or the law in Taiwan;
    c) Conducts that are against the purpose of the Website;
    d) Request to suspend the account filed by you;
    e) Conducts that cause damage to others or OpebFoundry;
    f) Any conduct that is improper according to the purpose of the Website or the Related Services, or the law in Taiwan.

 

13. Infringement and Violation of Law

If you have a reasonable suspicion for any infringement or that a conduct violates the law, you can provide OpenFoundry with the following informations so that OpenFoundry is able to investigate internally:

    a) Facts of such infringement or violation with sufficient data or information to prove the facts;
    b) Your real name, postal address, phone number and e-mail address;
    c)  A written statement that you have reasons to believe that the conduct in question is an infringement, or violates the law.
If, after investigation, the reported infringement or violation is true, OpenFoundry will remove the data item and notify you and other users that the item in question is removed or no longer accessible and take proper measures according to the law.

If, after investigation, what is claimed by you does not constitute an infringement or violation, OpenFoundry will give to you an explanation notice, excluding the cases if the reported facts in question already lead to legal procedures.

14. Revision of the Terms

OpenFoundry reserves the right to revise and update the Terms from time to time. The revisions will be announced at http://www.openfoundry.org/.
Continuation of using the Website and the Related Services after such revision and update is taken as the acceptance of the new Terms.

15. Effectiveness of the Terms

Any part of the Terms that is ruled as void by the competent court does not affect the effectiveness of other parts of the Terms.

16. Choice of Law and Venue

The Terms are governed by the laws of Republic of China (Taiwan).  Any legal claim proceeding or litigation arising in connection with the Website and the Related Service will be brought to the Taiwan Taipei District Court.

17. Contact Information

The email address of OpenFoundry is This e-mail address is being protected from spambots. You need JavaScript enabled to view it