Terms of Service
The following terms govern all use of the Gitorious.org website and all Content, services and products available at or through the website, including the Git hosting service and related services (taken together, the Website). The Website is owned and operated by Gitorious AS (“Gitorious”), a Norwegian limited liability company.
Please read this Agreement carefully before accessing or using the Website. If you do not agree to all the terms the Agreement, you may not access the Website or use any of its services. If these terms are considered an offer by Gitorious, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Jan 31. 2011:This document was changed to reflect that gitorious.org is now operated by Shortcut AS subsidiary Gitorious AS. No changes apart from the company name and address.
May 30. 2011: After discussions with the Free Software Foundation, the paragraphs describing Responsibility of Contributors was updated. The changes are contained in this diff.
Your Gitorious.org account and site.
If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account, project or repository in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Gitorious may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Gitorious liability. You must immediately notify Gitorious of any unauthorized uses of your project, your repository, your account or any other breaches of security. Gitorious will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a project and/or repository, post material to the Website, post links on the Website, post comments on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the Content, and any liability resulting from the Content, its use or distribution. That is the case regardless of whether the Content in question constitutes text, graphics, audio files, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary or intellectual property rights, including the copyright, patent right, trademark or trade secret, of any third party;
- if your employer or others has rights to intellectual property you create, you have either (i) received permission from such person to post or make available the Content, including any software, or (ii) secured from your such person a waiver as to all rights in or to the Content;
- you have fully complied to any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
- the Content is not spam, is not machine- or randomly-generated with malicious intent towards the Website, and does not contain unethical or unwanted commercial Content designed to drive traffic to third party internet sites or boost the search engine rankings of third party sites, or commit or contribute to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your account, project or repository is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your account, project or repository is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s, project’s or repository’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the Content, whether requested to do so by Gitorious or otherwise.
As a contributor you shall ensure that the license under which you distribute the Content entitles Gitorious to reproduce and publish the Content as you submit it to Gitorious, or otherwise indemnify Gitorious against any claims or damages awarded due to claims of infringement. By submitting Content to Gitorious, you are responsible for ensuring that such creations do not violate the licensor’s or any third party's license right, property or intellectual property rights. Authors of derived work are responsible for ensuring that the derived Content conforms to the original Content's license(s), regardless of where the original Content is hosted.
To the extent any Content you contribute requires a patent license to be used, modified, sub-licensed or otherwise for the exercise of rights granted in the applicable license, such patent license shall hereby be deemed as granted by you to users downloading the Content, to the extent you possess such patent rights or right to grant patent license.
When deleting Content, Gitorious will use reasonable efforts to remove it from the Website, but you acknowledge that due to caching or references the Content may not be made unavailable immediately or at all.
Responsibility of Website Visitors.
Gitorious has not reviewed, and cannot review, all the Content posted to the Website, and cannot therefore be responsible for that Content, its use or effects. By operating the Website, Gitorious does not represent or imply that it endorses the Content there posted, or that it believes such Content to be accurate, useful, non-infringing or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties. The downloading, copying or use of Content may be subject to additional terms and conditions, stated or un-stated. Gitorious disclaims any responsibility for any harm, loss or damage resulting from the use by visitors of the Website, from any downloading or otherwise by those visitors, of Content there posted.
If your bandwidth usage for your account, project or repository exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Gitorious) of other Gitorious.org users or customers, we reserve the right to immediately disable or throttle your account, project or repository until you can reduce your bandwidth consumption.
You understand that the technical processing and transmission of the Website, including your Content, may be transferred unencrypted and involve (a) transmissions over various unsecured networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all Content, including computer software, made available through the websites and webpages to which Gitorious.org links, and that link to Gitorious.org. Gitorious does not have any control over those non-Gitorious websites and webpages, and is not responsible for their contents or their use. By linking to a non-Gitorious website or webpage, Gitorious does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. Gitorious disclaims any responsibility for any harm resulting from your use of non-Gitorious websites and webpages.
As Gitorious asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Gitorious.org violates your copyright, you are encouraged to notify Gitorious in accordance with Gitorious’s Infringement Notice Policy. Gitorious will respond to all such notices, including as required or appropriate by removing the infringing Content or disabling all links to the infringing Content. If a visitor infringes (once or repeatedly) the copyrights or other intellectual property rights of Gitorious or others, Gitorious may, in its sole discretion, terminate or deny access to and use of the Website. In case of such termination, Gitorious will have no obligation to provide a refund of any amounts previously paid to Gitorious.
This Agreement does not transfer from Gitorious to you any Gitorious or third party intellectual property rights. All rights, title and interest in and to such property will remain (as between the parties) solely with Gitorious. Gitorious, Gitorious.org, the Gitorious.org logo, and all other trademarks, service marks, graphics and logos used in connection with Gitorious.org, or the Website are trademarks or registered trademarks of Gitorious or Gitorious' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Gitorious or third-party trademarks.
Although most changes are likely to be minor, Gitorious reserves the right, at its sole discretion, to modify or replace any part of this Agreement. However, if this Agreement is changed in a material, adverse way, Gitorious will post a notice advising of such change at the beginning of this policy and on the Website of the for 30 days. It is your responsibility to check this Agreement periodically for changes. Gitorious may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement, if not otherwise stated.
Gitorious may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Gitorious.org account, you may simply discontinue using the Website. Notwithstanding the foregoing, Gitorious can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided “as is”. Gitorious and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Gitorious nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will Gitorious, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Gitorious under this agreement during the twelve (12) month period prior to the cause of action. Gitorious shall have no liability for any failure or delay due to matters beyond their reasonable control; or (v) any lost profits or special, incidental or consequential damages (however arising, including negligence) or for loss of profit, business, revenue, goodwill or anticipated savings arising out of or in connection with this agreement. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Gitorious, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Gitorious and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Gitorious, or by the posting by Gitorious of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Norway. Legal venue for any disputes arising out of or relating to the same shall be the public court located in Oslo, Norway. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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