Simreal:General disclaimer
From Simreal
Terms of Service
Last Modified: 6 January 2007
This is long and boring. The gist is, you keep what you post and take responsibility for it, however Simulated Reality Systems, LLC, can also use your posts however it sees fit. But don't take my word for it, read the details yourself.
This TOS document was borrowed (with a heavy-hand, and with permission) from OSDN.
1. Acceptance of Terms
A person's use of the Simulated Reality Systems, LLC ("SRS") Website and any of its Services (collectively known as "Services", and including but not limited to the Robotbrain.info TWiki) at any time is subject to SRS's then-current Terms of Service ("TOS"). The TOS may be updated from time to time, and each user can review the then-current TOS at any time at: http://www.simreal.com/.
A user's use of SRS's Services constitutes full acceptance of and agreement to the TOS; if a user does not accept our TOS, he or she is not granted rights to use any of SRS's Services, and should refrain from accessing SRS and its Services.
To update the TOS or any Service-specific Rules, SRS will post the changed version and its effective date at http://www.simreal.com/. Concurrently with any change to the TOS, we will e-mail notice of the change to any users registered at WebNotify.
SRS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, SRS or any Service it provides (or any part thereof) with notice to users and the public as described above, or immediately in the event of technical difficulties. SRS shall note be liable to any user or other third party for any such modification, suspension, or discontinuance except as expressly provided herein.
2. Description of Service
SRS consists one or more websites (i.e. www.simreal.com) owned and operated by Simulated Reality Systems, LLC, for the purpose of fostering development of robotics, artificial intelligence, animatronics, Halloween, makeup, and/or other technical projects that may be approved by SRS (the "Purpose"). SRS currently offers users access to a collection of on-line resources for collaborative development and content creation, including mailing lists and TWiki forums (collectively, the "Services"). To use the Services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.
3. Registration Obligations
If required by the site in question, 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 user of the Services (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive a password and account designation upon completing the Service's registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. SRS cannot and will not be liable for any loss or damage arising from a user's failure to (a) immediately notify SRS of any unauthorized use of his or her password or 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.
SRS considers your Registration Data to be private and will not at any time sell or otherwise share your Registration Data with third parties.
4. Content
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not SRS, is entirely responsible for all Content that he or she uploads, posts, e-mails, or otherwise transmits via SRS or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on SRS and/or any Service which, in the opinion of SRS's counsel, are prohibited by law in applicable jurisdictions, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
SRS will not pre-screen or review Content, but SRS reserves the right to refuse or delete any Content of which it becomes aware which it reasonably deems not to fulfill the Purpose. In addition, SRS 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 TOS or be otherwise illegal. SRSW, 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 necessary by us to protect the rights, property, or personal safety of SRS, its users, and the public. SRS 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 SRS 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 posted, e-mailed, or otherwise transmitted via SRS or any Service thereon.
Each user, by using SRS or any Service, may be exposed to Content that is offensive, indecent, or objectionable. Each user must evaluate, and bear all risks associated with, the user of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Licensing and Other Terms Applying to Code and Other Content Posted on SRS
With respect to Content entered into, posted on, or stored in publicly-accessible areas, i.e. the public TWikis, the submitting user retains ownership to all such public Content. The submitting user grants SRS the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
With respect to Content posted to private areas of SRS, i.e. private TWikis or SRS e-mail, the submitting user may grant to SRS or other users such rights and licenses as the submitting user deems appropriate.
5. 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.
6. General Practices Regarding Use and Storage
SRS may establish general practices and limits concerning use of the Services, as defined by posted Service-specific Rules. While SRS will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, SRS 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. SRS reserves the right to mark as "inactive" and archive accounts and/or projects that are inactive for an extended period of time. SRS 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.
7. Termination
A user's account may be terminated for reasons that include, but are not limited to, the following: 1.) violation of these TOS; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of Service in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.
SRS's termination of any user's access to SRS or any Service hereunder may be effected without notice and, on such termination, SRS may immediately deactivate or delete user's account and/or bar any further access to such files, that Service or SRS. SRS shall not be liable to any user or other third party for any termination of that user's access or account hereunder.
Notwithstanding the foregoing, unless prohibited by law or judicial or governmental order, SRS shall make reasonable efforts to make available all information in a user's account to that user prior to deleting that account or marking that account "inactive", including emailing to the affected user 15-days prior notice of such termination and the location of such user's information, and retaining all information for at least 15 days after emailing such notice.
8. Links
SRS, any Service, or a third party may provide links to other Websites. SRS exercises no control whatsoever over such other Websites and Web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products, or other materials thereon. SRS shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith.
9.Indemnity; Disclaimer of Warranties; Limitations of Liability
Each user shall indemnify, defend, and hold harmless each of Simulated Reality Systems, LLC and its affiliates and their respective officers, employees, and agents, and any of Simulated Reality Systems, LLC's website partners from any and all claims or demands, 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 SRS; his or her submission, posting or transmission of Content or his or her violation of the TOS.
EACH USER'S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SRS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SRS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, SRS MAKES NO WARRANTY THAT (i) SRS OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
EXCLUDING ONLY DAMAGES ARISING OUT OF SIMULATED REALITY SYSTEMS, LLC'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SIMULATED REALITY SYSTEMS, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SIMULATED REALITY SYSTEMS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO SRS OR ANY SERVICE. IN NO EVENT SHALL SIMULATED REALITY SYSTEMS, LLC 'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER, OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN SIMULATED REALITY SYSTEMS, LLC AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, SIMULATED REALITY SYSTEMS, LLC DOES NOT AND CANNOT CONTROL THE ACTIONS OF SRS USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES.
WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO SRS OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR ANY OTHER COURSE OF ACTION BY SIMULATED REALITY SYSTEMS, LLC.
10. Copyrights
SRS respects the intellectual property of all parties and we ask our users to do the same. If a user or other third party believes that its Content has been copied in a way that constitutes copyright infringement, that user or third party should provide SRS with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that has been infringed; (c) a description of where the allegedly infringing material is located on the Website; (d) the affected user or third party's address, telephone number, and email address; (e) a statement by the affected user or third party that he or she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by the affected user or third party, under penalty of perjury, that the above information is accurate and that such user or third party is the copyright owner or is otherwise authorized to act on the copyright owner's behalf. If SRS receives such a claim, SRS reserves the right to refuse or delete Content as described under Section 4 hereto, or to terminate a user's account in accordance with Section 7.
11. General Information
The TOS constitute the entire agreement between each user and Simulated Reality Systems, LLC and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The TOS and the relationship between each user and Simulated Reality Systems, LLC shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Austin, Texas. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
12. Violations
Please report any violations of the TOS, any alleged copyright infringements or any other matters to SRS at contact@simreal.com.
