OpenAppDotOrg Terms of Service

Terms Of Service

OpenAppDotOrg is a world's first knowledge repository for open source business applications, connecting you with open source business applications and practitioners all over the world.

By using the OpenAppDotOrg web site (the "Web site") you agree to be bound by these Terms of Service (this "Agreement"). If you wish to become a Member and communicate with other Members and make use of the OpenAppDotOrg service (the "Service"), read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page.

This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by Apptility LLC (parent entity of OpenAppDotOrg, the "Apptility") at any time and without prior notice, such modifications to be effective upon posting by OpenAppDotOrg on the Web site.

1. Eligibility.

You must be eighteen or over to register as a member of OpenAppDotOrg or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term.

This Agreement will remain in full force and effect while you use the Web site and/or are a Member. Apptility may terminate your membership for any reason, at any time. Even after membership is terminated, this Agreement will remain in effect.

3. Non Commercial Use by Members.

Passwords and compiled names, photos, links, and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content on Web site.

Apptility owns and retains all copyrights in the Web site and the Service. The Web site contains the copyrighted material, including links and compilations of program data, trademarks, and other proprietary information of Apptility, and other third parties. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such information.

5. Content Posted on the Site.

a. You understand and agree that Apptility without obligation may review and delete any content, messages, photos, descriptions of locations, geodata or profiles (collectively, "Content") that in the sole judgment of Apptility violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
c. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
d. By posting Content to any public area of Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Apptility an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
e. The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Apptility reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
displays pornographic or sexually explicit material of any kind;
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

f. You must use the Service in a manner consistent with any and all applicable laws and regulations.
g. You may not transmit any chain letters or junk email to other Members. Although Apptility cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Apptility reserves the right to restrict the number of posts which a Member may send to other community in any 24-hour period to a number which Apptility deems appropriate in its sole discretion.

6. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted or patented material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

7. Member Disputes.

You are solely responsible for your interactions with other Web site Members. Apptility, reserves the right, but has no obligation, to monitor disputes between you and other Members.

8. Privacy.

Use of the Web site and/or the Service is also governed by our Privacy Policy.

9. Disclaimers.

Apptility is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. Apptility is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Apptility assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Apptility is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Apptility be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and Apptility expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Apptility cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Apptility or through or from the service shall create any warranty not expressly stated herein.

10. Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will Apptility be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Apptility has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Apptility's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Apptility for the Service during the term of membership.

11. Governing Law and Venue.

By visiting or using the Web site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you, Apptility LLC.
Any dispute relating in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) shall be submitted to confidential arbitration in Santa Clara, California, except that, to the extent you have in any manner violated or threaten to violate Apptility LLC. or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of California.
Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

12. Indemnity.

You agree to indemnify and hold Apptility, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13. Other.

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Apptility regarding the use of the Web site and/or the Service. The failure of Apptility to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this agreement.

Questions regarding this Statement or the practices of this Site should be directed to Apptility's Privacy Administrator by e-mailing such questions to support@Apptility or by regular mail addressed to Apptility, LLC,
Attn: Privacy Officer,
Apptility 111 N Market St.
Suite 652
San Jos,CA 95113.

Copyright 2004-2007 Apptility LLC. All rights reserved. Various trademarks held by their respective owners.