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ClearlyDefined Terms of Use

The ClearlyDefined project is an Open Source Initiative (OSI) incubator project. This document sets out the terms of use for the ClearlyDefined website and associated data, services, APIs and tools (“Data and Services”).

Acceptance of Terms

All Data and Services, including any updates, are subject to the Terms of Use (“TOU”). ClearlyDefined may update the TOU at any time, without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages.

Your Privacy

Your privacy is important to us. Please read our Privacy Policy where we set out the types of information we collect from you (your “Information”) and how we use your Information and the data you upload, harvest or curate (your “Content”). By using the Data and Services or agreeing to the TOU, you consent to ClearlyDefined’s collection, use and disclosure of your Information and Content as described in our privacy policy. The most current version of the Privacy Policy can be reviewed by clicking on the “Privacy Policy” hypertext link located at the bottom of our web pages.

Code of Conduct

By agreeing to the TOU, you agree that you will follow the ClearlyDefined code of conduct.

Using the Data and Services

You will need a GitHub account to use some of our Data and Services. By accessing the Data and Services using your GitHub account, you agree to abide by the GitHub terms of service, including GitHub’s user-generated content terms and privacy statement, for information submitted to GitHub using or via our Data and Services.

NO WARRANTIES

WE AND ANY AFFILIATES, CONTRIBUTORS, CURATORS, AND CONSUMERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE DATA AND SERVICES. YOU UNDERSTAND THAT USE OF THE DATA AND SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE DATA AND SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR ALL RISK OF USING THE DATA AND SERVICES. WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE DATA AND SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAWS. NOTHING IN THE TOU IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. WE DO NOT GUARANTEE THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR.

Limitation of Liability

ClearlyDefined is a charitable free and open source incubator project. If you have any basis for recovering damages due to your use of the Data and Services, you agree that your exclusive remedy is to recover direct aggregate damages up to U.S. $5.00. You cannot recover any other damages or losses, including consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose, or if we knew, or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to the TOU, the Data and Services, and the software related to the Data and Services.

ClearlyDefined respects the copyright of others, and we ask our users to do the same. ClearlyDefined may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ClearlyDefined Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

ClearlyDefined Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:

Mr. Mark Radcliffe
Copyright Agent
Open Source Initiative
c/o DLA Piper
2000 University Ave
East Palo Alto,
CA 94303
USA

By fax: +1-650-833-2001
By email: [email protected]