From e81220373693659150af9805f55f0358ca0b9eba Mon Sep 17 00:00:00 2001
From: Martyn Welch <martyn.welch@collabora.com>
Date: Wed, 13 Jan 2021 17:45:08 +0000
Subject: [PATCH] Draft: Initial draft of Terms of Use

Signed-off-by: Martyn Welch <martyn.welch@collabora.com>
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+title="Terms of Use"
+weight=100
+date="2021-01-13"
++++
+
+Last updated January 13, 2021
+
+# AGREEMENT TO TERMS
+
+These Terms of Use constitute a legally binding agreement made between you,
+whether personally or on behalf of an entity (“you”) and Collabora Ltd, doing
+business as Apertis Project ("Apertis Project", “we”, “us”, or “our”),
+concerning your access to and use of the https://www.apertis.org website as
+well as any other website, media form, media channel, mobile website or mobile
+application related, linked, or otherwise connected thereto (collectively, the
+“Site”). You agree that by accessing the Site, you have read, understood, and
+agreed to be bound by all of these Terms of Use.
+
+**IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
+PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.**
+
+Supplemental terms and conditions or documents that may be posted on the Site
+from time to time are hereby expressly incorporated herein by reference. We
+reserve the right, in our sole discretion, to make changes or modifications to
+these Terms of Use at any time and for any reason. We will alert you about any
+changes by updating the “Last updated” date of these Terms of Use, and you
+waive any right to receive specific notice of each such change. It is your
+responsibility to periodically review these Terms of Use to stay informed of
+updates. You will be subject to, and will be deemed to have been made aware of
+and to have accepted, the changes in any revised Terms of Use by your continued
+use of the Site after the date such revised Terms of Use are posted.
+
+The information provided on the Site is not intended for distribution to or use
+by any person or entity in any jurisdiction or country where such distribution
+or use would be contrary to law or regulation or which would subject us to any
+registration requirement within such jurisdiction or country. Accordingly,
+those persons who choose to access the Site from other locations do so on their
+own initiative and are solely responsible for compliance with local laws, if
+and to the extent local laws are applicable.
+
+
+# INTELLECTUAL PROPERTY RIGHTS
+
+Unless otherwise noted, the Site and source code, databases, functionality,
+software, website designs, audio, video, text, photographs, and graphics on the
+Site (collectively, the “Content”) are licensed via the terms laid out in
+[Applying Licensing]({{< ref "license-applying" >}}). The trademarks, service
+marks, and logos contained therein (the “Marks”) are owned or controlled by us
+or licensed to us. The Content is protected by copyright and trademark laws and
+various other intellectual property rights and unfair competition laws of the
+United States, international copyright laws, and international conventions. The
+Content and the Marks are provided on the Site “AS IS” for your information and
+personal use only.
+
+
+# USER REPRESENTATIONS
+
+By using the Site, you represent and warrant that:
+
+1. all registration information you submit will be true, accurate, current, and
+   complete;
+2. you will maintain the accuracy of such information and promptly update such
+   registration information as necessary;
+3. you have the legal capacity and you agree to comply with these Terms of Use;
+4. you are not a minor in the jurisdiction in which you reside;
+5. you will not use the Site for any illegal or unauthorized purpose; and
+6. your use of the Site will not violate any applicable law or regulation.
+
+If you provide any information that is untrue, inaccurate, not current, or
+incomplete, we have the right to suspend or terminate your account and refuse
+any and all current or future use of the Site (or any portion thereof).
+
+
+# USER REGISTRATION
+
+You may be required to register with the Site. You agree to keep your password
+confidential and will be responsible for all use of your account and password.
+We reserve the right to remove, reclaim, or change a username you select if we
+determine, in our sole discretion, that such username is inappropriate,
+obscene, or otherwise objectionable.
+
+
+# PROHIBITED ACTIVITIES
+
+You may not access or use the Site for any purpose other than that for which we
+make the Site available.
+
+As a user of the Site, you agree not to:
+
+1. Use any information obtained from the Site in order to harass, abuse, or
+   harm another person.
+2. Make improper use of our support services or submit false reports of abuse
+   or misconduct.
+3. Use the Site in a manner inconsistent with any applicable laws or
+   regulations.
+4. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
+   horses, or other material, including excessive use of capital letters and
+   spamming (continuous posting of repetitive text), that interferes with any
+   party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
+   disrupts, alters, or interferes with the use, features, functions,
+   operation, or maintenance of the Site.
+5. Delete the copyright or other proprietary rights notice from any Content.
+6. Attempt to impersonate another user or person or use the username of another
+   user.
+7. Interfere with, disrupt, or create an undue burden on the Site or the
+   networks or services connected to the Site.
+8. Attempt to bypass any measures of the Site designed to prevent or restrict
+   access to the Site, or any portion of the Site.
+9. Make any unauthorized use of the Site, including collecting usernames and/or
+   email addresses of users by electronic or other means for the purpose of
+   sending unsolicited email, or creating user accounts by automated means or
+   under false pretenses.
+
+
+# USER GENERATED CONTRIBUTIONS 
+
+The Site may invite you to chat, contribute to, or participate in email
+discussions, reviews, bug reports, and other functionality, and may provide you
+with the opportunity to create, submit, post, display, transmit, perform,
+publish, distribute, or broadcast content and materials to us or on the Site,
+including but not limited to text, writings, video, audio, photographs,
+graphics, comments, suggestions, or other material (collectively,
+"Contributions"). Contributions may be viewable by other users of the Site and
+through third-party websites. As such, any Contributions you transmit may be
+treated as non-confidential and non-proprietary. When you create or make
+available any Contributions, you thereby represent and warrant that:
+
+1. The creation, distribution, transmission, public display, or performance,
+   and the accessing, downloading, or copying of your Contributions do not and
+   will not infringe the proprietary rights, including but not limited to the
+   copyright, patent, trademark, trade secret, or moral rights of any third
+   party.
+2. You are the creator and owner of or have the necessary licenses, rights,
+   consents, releases, and permissions to use and to authorize us, the Site,
+   and other users of the Site to use your Contributions in any manner
+   contemplated by the Site and these Terms of Use.
+3. You have the written consent, release, and/or permission of each and every
+   identifiable individual person in your Contributions to use the name or
+   likeness of each and every such identifiable individual person to enable
+   inclusion and use of your Contributions in any manner contemplated by the
+   Site and these Terms of Use.
+4. Your Contributions are not false, inaccurate, or misleading.
+5. Your Contributions are not unsolicited or unauthorized advertising,
+   promotional materials, pyramid schemes, chain letters, spam, mass mailings,
+   or other forms of solicitation.
+6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
+   harassing, libelous, slanderous, or otherwise objectionable (as determined
+   by us).
+7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
+   anyone.
+8. Your Contributions are not used to harass or threaten (in the legal sense of
+   those terms) any other person and to promote violence against a specific
+   person or class of people.
+9. Your Contributions do not violate any applicable law, regulation, or rule.
+10. Your Contributions do not violate the privacy or publicity rights of any
+    third party.
+11. Your Contributions do not contain any material that solicits personal
+    information from anyone under the age of 18 or exploits people under the
+    age of 18 in a sexual or violent manner.
+12. Your Contributions do not violate any applicable law concerning child
+    pornography, or otherwise intended to protect the health or well-being of
+    minors.
+13. Your Contributions do not include any offensive comments that are connected
+    to race, national origin, gender, sexual preference, or physical handicap.
+14. Your Contributions do not otherwise violate, or link to material that
+    violates, any provision of these Terms of Use, or any applicable law or
+    regulation.
+
+Any use of the Site in violation of the foregoing violates these Terms of Use
+and may result in, among other things, termination or suspension of your rights
+to use the Site.
+
+
+# CONTRIBUTION LICENSE
+
+We do not assert any ownership over your Contributions. You retain full
+ownership of all of your Contributions and any intellectual property rights or
+other proprietary rights associated with your Contributions. We are not liable
+for any statements or representations in your Contributions provided by you in
+any area on the Site. You are solely responsible for your Contributions to the
+Site and you expressly agree to exonerate us from any and all responsibility
+and to refrain from any legal action against us regarding your Contributions.  
+
+We have the right, in our sole and absolute discretion:
+
+1. to edit, redact, or otherwise change any Contributions;
+2. to re-categorize any Contributions to place them in more appropriate
+   locations on the Site; and
+3. to pre-screen or delete any Contributions at any time and for any reason,
+   without notice. We have no obligation to monitor your Contributions.
+
+Unless otherwise clearly stipulated or being made to an existing work with a
+defined licensing strategy where the relevant licensing terms will be deemed to
+apply, contributions of code, including build scripts, helpers and recipes,
+will be considered to be licensed to us under the
+[Mozilla Public License Version 2.0](https://www.mozilla.org/en-US/MPL/2.0/),
+other forms of contributions including, but not limited to, images and
+documentation will be deemed as being licensed under the
+[Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/)
+(CC BY-SA 4.0) license.
+
+
+# THIRD-PARTY WEBSITE AND CONTENT
+
+The Site may contain (or you may be sent via the Site) links to other websites
+("Third-Party Websites") as well as articles, photographs, text, graphics,
+pictures, designs, music, sound, video, information, applications, software,
+and other content or items belonging to or originating from third parties
+("Third-Party Content"). Such Third-Party Websites and Third-Party Content are
+not investigated, monitored, or checked for accuracy, appropriateness, or
+completeness by us, and we are not responsible for any Third-Party Websites
+accessed through the Site or any Third-Party Content posted on, available
+through, or installed from the Site, including the content, accuracy,
+offensiveness, opinions, reliability, privacy practices, or other policies of
+or contained in the Third-Party Websites or the Third-Party Content. Inclusion
+of, linking to, or permitting the use or installation of any Third-Party
+Websites or any Third-Party Content does not imply approval or endorsement
+thereof by us. If you decide to leave the Site and access the Third-Party
+Websites or to use or install any Third-Party Content, you do so at your own
+risk, and you should be aware these Terms of Use no longer govern. You should
+review the applicable terms and policies, including privacy and data gathering
+practices, of any website to which you navigate from the Site or relating to
+any applications you use or install from the Site.
+
+
+# SITE MANAGEMENT
+
+We reserve the right, but not the obligation, to:
+
+1. monitor the Site for violations of these Terms of Use;
+2. take appropriate legal action against anyone who, in our sole discretion,
+   violates the law or these Terms of Use, including without limitation,
+   reporting such user to law enforcement authorities;
+3. in our sole discretion and without limitation, refuse, restrict access to,
+   limit the availability of, or disable (to the extent technologically
+   feasible) any of your Contributions or any portion thereof;
+4. in our sole discretion and without limitation, notice, or liability, to
+   remove from the Site or otherwise disable all files and content that are
+   excessive in size or are in any way burdensome to our systems; and
+5. otherwise manage the Site in a manner designed to protect our rights and
+   property and to facilitate the proper functioning of the Site.
+
+
+# PRIVACY POLICY
+
+We care about data privacy and security. Please review our
+[Privacy Policy]({{< ref "privacy_policy".md >}}). By using the Site, you agree
+to be bound by our Privacy Policy, which is incorporated into these Terms of
+Use.
+
+Please be advised the Site is hosted in the United Kingdom. If you access
+the Site from any other region of the world with laws or other requirements
+governing personal data collection, use, or disclosure that differ from
+applicable laws in the United Kingdom, then through your continued use of the
+Site, you are transferring your data to the United Kingdom, and you agree to
+have your data transferred to and processed in the United Kingdom.
+
+
+# COPYRIGHT INFRINGEMENTS
+
+We respect the intellectual property rights of others. If you believe that any
+material available on or through the Site infringes upon any copyright you own
+or control, please immediately notify us using the contact information provided
+below (a “Notification”). Please be advised that pursuant to applicable law you
+may be held liable for damages if you make material misrepresentations in a
+Notification. Thus, if you are not sure that material located on or linked to
+by the Site infringes your copyright, you should consider first contacting an
+attorney.
+
+
+# TERM AND TERMINATION
+
+These Terms of Use shall remain in full force and effect while you use the
+Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE
+THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
+ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
+PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
+OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR
+OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
+IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
+POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
+
+If we terminate or suspend your account for any reason, you are prohibited from
+registering and creating a new account under your name, a fake or borrowed
+name, or the name of any third party, even if you may be acting on behalf of
+the third party. In addition to terminating or suspending your account, we
+reserve the right to take appropriate legal action, including without
+limitation pursuing civil, criminal, and injunctive redress.
+
+
+# MODIFICATIONS AND INTERRUPTIONS
+
+We reserve the right to change, modify, or remove the contents of the Site at
+any time or for any reason at our sole discretion without notice. However, we
+have no obligation to update any information on our Site. We also reserve the
+right to modify or discontinue all or part of the Site without notice at any
+time. We will not be liable to you or any third party for any modification,
+price change, suspension, or discontinuance of the Site.  
+
+We cannot guarantee the Site will be available at all times. We may experience
+hardware, software, or other problems or need to perform maintenance related to
+the Site, resulting in interruptions, delays, or errors. We reserve the right
+to change, revise, update, suspend, discontinue, or otherwise modify the Site
+at any time or for any reason without notice to you. You agree that we have no
+liability whatsoever for any loss, damage, or inconvenience caused by your
+inability to access or use the Site during any downtime or discontinuance of
+the Site. Nothing in these Terms of Use will be construed to obligate us to
+maintain and support the Site or to supply any corrections, updates, or
+releases in connection therewith.
+
+
+# GOVERNING LAW
+
+These conditions and any dispute or claim (whether contractual or
+non-contractual) arising out of or in connection with it, its subject matter or
+formation are governed by and interpreted following the laws of the United
+Kingdom.
+
+
+# CORRECTIONS
+
+There may be information on the Site that contains typographical errors,
+inaccuracies, or omissions. We reserve the right to correct any errors,
+inaccuracies, or omissions and to change or update the information on the Site
+at any time, without prior notice.
+
+
+# DISCLAIMER
+
+THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
+USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
+EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
+CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
+THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
+AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
+ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES
+LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
+(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
+INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
+TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
+SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY
+INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
+VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
+SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
+MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
+OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
+
+
+# LIMITATIONS OF LIABILITY
+
+IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
+ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
+SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
+DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
+ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN US STATE LAWS AND
+INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
+EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
+ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
+HAVE ADDITIONAL RIGHTS.
+
+
+# INDEMNIFICATION
+
+You agree to indemnify, and hold us harmless, including our subsidiaries,
+affiliates, and all of our respective officers, agents, partners, and
+employees, from and against any loss, damage, liability, claim, or demand,
+including reasonable attorneys’ fees and expenses, arising out of your use of
+this Site, including but not limited to your violation of this Agreement.
+
+
+# USER DATA
+
+We will maintain certain data that you transmit to the Site for the purpose of
+managing the performance of the Site, as well as data relating to your use of
+the Site. Although we perform regular routine backups of data, you are solely
+responsible for all data that you transmit or that relates to any activity you
+have undertaken using the Site. You agree that we shall have no liability to
+you for any loss or corruption of any such data, and you hereby waive any right
+of action against us arising from any such loss or corruption of such data.
+
+
+# ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
+
+Visiting the Site, sending us emails, and completing online forms constitute
+electronic communications. You consent to receive electronic communications,
+and you agree that all agreements, notices, disclosures, and other
+communications we provide to you electronically, via email and on the Site,
+satisfy any legal requirement that such communication be in writing.
+
+
+# MISCELLANEOUS
+
+These Terms of Use and any policies or operating rules posted by us on the Site
+or in respect to the Site constitute the entire agreement and understanding
+between you and us. Our failure to exercise or enforce any right or provision
+of these Terms of Use shall not operate as a waiver of such right or provision.
+These Terms of Use operate to the fullest extent permissible by law. We may
+assign any or all of our rights and obligations to others at any time. We shall
+not be responsible or liable for any loss, damage, delay, or failure to act
+caused by any cause beyond our reasonable control. If any provision or part of
+a provision of these Terms of Use is determined to be unlawful, void, or
+unenforceable, that provision or part of the provision is deemed severable from
+these Terms of Use and does not affect the validity and enforceability of any
+remaining provisions. There is no joint venture, partnership, employment or
+agency relationship created between you and us as a result of these Terms of
+Use or use of the Site. You agree that these Terms of Use will not be construed
+against us by virtue of having drafted them. You hereby waive any and all
+defenses you may have based on the electronic form of these Terms of Use and
+the lack of signing by the parties hereto to execute these Terms of Use.
+
+
+# CONTACT US 
+
+In order to resolve a complaint regarding the Site or to receive further
+information regarding use of the Site, please contact us at: 
+
+    Collabora Ltd
+    The Platinum Building
+    St John's Innovation Park
+    Cambridge
+    United Kingdom
+
+Phone: +441223362967
+Email: contact@collabora.com
+
-- 
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