Terms & Conditions

openKURATOR: Terms and Conditions of Use

openKURATOR
Terms and Conditions of Use
January 2009

IN THESE TERMS AND CONDITIONS:
‘WE’, ‘US’, ‘ITS’ AND ‘OUR’ refer to KURATOR, the owner and operator of openKURATOR, and ‘YOU’ and ‘YOUR’ refer to you, the user.

1. ACCEPTANCE OF TERMS

By using openKURATOR you agree to be bound by these terms and conditions of use (‘Terms’). We (KURATOR) provide the information and services on openKURATOR to you, the user, conditional upon your acceptance, without modification, of the Terms contained herein. Your use of openKURATOR constitutes your agreement with such Terms.

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 Terms to openKURATOR. Your continued use of openKURATOR following the posting of changes to these Terms will mean that you accept those changes.

In addition, each user's use of a particular openKURATOR service (‘Service’) may be subject to specific guidelines or rules (‘Service-specific Rules’) posted from time to time and incorporated by this reference into the Terms. Use of openKURATOR 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 openKURATOR or any of its Services, as defined herein, and should refrain from accessing openKURATOR and its Services.

To update the Terms, we will post the changed version and its effective date at http://open.kurator.org. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service and include a link to the previous version of the terms or rules. KURATOR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, openKURATOR or any Service thereon (or any part thereof). KURATOR 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 openKURATOR, you warrant to KURATOR that you will not use it, or any of the content obtained from it, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use openKURATOR automatically terminates.

3. DESCRIPTION OF SERVICE

openKURATOR is a site owned and operated by KURATOR 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 KURATOR (the ‘Purpose’).

4. REGISTRATION OBLIGATIONS

If required by KURATOR, 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 an account designation upon completing openKURATOR’s registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereafter. KURATOR 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 KURATOR of any unauthorized use of his or her 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.

5. CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, ‘Content’), whether publicly posted on or privately transmitted via openKURATOR, are the sole responsibility of the person from which such Content originated. This means that the user, and not KURATOR, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via openKURATOR or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on openKURATOR and/or any Service which, in the judgment of KURATOR, 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.

KURATOR will not pre-screen or review Content, but 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, KURATOR 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.

KURATOR, 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 KURATOR, openKURATOR’s users and the public. KURATOR 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 KURATOR 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 uploaded, posted, emailed or otherwise transmitted via openKURATOR or any Service thereon. Under no circumstances will KURATOR be liable for any other damages whatsoever, including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the site or Services, damages incurred through any links provided on the site and the non-performance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not openKURATOR has been advised of such possibility.

6. INTELLECTUAL PROPERTY (COPYRIGHT AND LICENSES)

The user guarantees that all content including images, text and source code posted by the user on openKURATOR is subject to the user's copyright, is already subject to an open source license, as defined and approved by the Open Source Initiative (OSI) (http://www.opensource.org/licenses). Any subsequent use, reproduction, modification and other intellectual property rights to source code stored on openKURATOR shall be subject to the GNU General Public License (http://www.gnu.org). The user further guarantees that all other content posted by the user on openKURATOR that is not source code, including but not limited to information, images and text, is the user's copyright and shall thereafter be subject to the Attribution-Share Alike (http://creativecommons.org/licenses/by-sa/2.5/)

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

KURATOR may establish general practices and limits concerning use of openKURATOR. Services, as defined by posted Service-specific Rules. While KURATOR will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, KURATOR 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. KURATOR reserves the right to mark as ‘inactive’ and archive openKURATOR accounts and/or projects that are inactive for an extended period of time. KURATOR 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.

9. TERMINATION

We may terminate a user's account in our absolute discretion and for any reason, including: violation of these Terms; abuse of site resources or attempt to gain unauthorized entry to the site or site resources; use of openKURATOR or any openKURATOR Service in a manner inconsistent with the Purpose; a user's request for such termination; and requirement of applicable law, regulation, court or governing agency order.

Our termination of any user's access to openKURATOR or any Service hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete that user's account and/or bar any further access to such files. KURATOR shall not be liable to any user or third party for any termination of that user's access or account hereunder.

10. INDEMNITY

Each user shall indemnify, defend and hold harmless KURATOR and its 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 openKURATOR; his or her submission, posting or transmission of Content or his or her violation of the Terms.

11. OTHER

These terms supersede any previous agreement and represent the entire agreement between KURATOR and you. These terms are governed by the laws of England and Wales without reference to conflict of laws principles.