Ushahidi Community :: pages :: terms-of-service

Terms of Service

Website Terms of Use

PLEASE REVIEW BEFORE USING THIS WEBSITE - IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

General Description

Welcome to the Ushahihidi Community Website. This website is a catalog of plugins, themes, deployments, users, resources and research relating to Ushahidi products and services (the "Site").

We have to set out some ground rules for using the Site in this document (the "Terms"). By accessing, using, or contributing to the Site you agree to abide by the Terms.

We may change the Terms from time to time, at our sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of the Terms.

DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, USHAHIDI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL USHAHIDI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, BUSINESS OPPORTUNITIES, AND ANY OTHER INJURY REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE SITE) EVEN IF CROWDMAP, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.

Account

Registration

To utilize the Site, or certain portions thereof, you may be required to complete a registration process and establish an account with the Site (a "Site Account"). You represent and warrant that all information provided by you to the Site is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

Password and Security

As a registered user of the Site, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Site Account(s). You understand and agree that you fully responsible for all actions and postings made from your Site Account(s), including, but not limited to, the creation of themes, plugins, and deployments. Any accounts you create are not transferable. You agree to notify Ushahidi immediately if you become aware of any unauthorized use of your Site Account(s).

Termination

Ushahidi reserves the right to terminate your Site Account(s) or restrict access to your Site Account(s), or to delete any content posted through your Site Account(s), including but not limited to themes, plugins, and deployments, with or without notice, for any or for no reason, and without any liability to you.

Community Participation

Content

For the purposes of this agreement, "Content" includes any posting or submission to the Site.

Content contributed to the Site should be relevant to the subject scope of the Site. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

Unacceptable Content includes, but is not limited to, the following:

Statements that are intended as a personal attack or are abusive, harassing, or threatening
Defamatory or knowingly false statements
Irrelevant statements, commercial solicitations, or SPAM
Materials that violate the copyright, trademark, or trade secret rights of others that are not otherwise authorized by law, such as fair use

We will determine what is "unacceptable Content" on a case-by-case basis, in our sole and absolute discretion. We reserve the right to change these standards at any time. We also reserve the right to remove links to unacceptable off-site content at any time.

Ushahidi does not pre-screen or regularly review any contributed Content, but Ushahidi has the right (though not the obligation) to remove, without notice, any content posted which Ushahidi considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. Ushahidi may terminate any Site Account, with or without notice, for posting such Content.

Licenses Applicable to Contributed Content

By contributing Content to the Site, you are granting Ushahidi a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use that Content (which includes original video or other content hosted on a third-party server and/or site) in connection with the operation of the Site, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content, and/or to incorporate it into a collective work.
By contributing Content to the Site, you are also granting other users of the Site a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use that Content without limitation.

User Representations and Warranties

By posting any Content, including embedded video content hosted on third-party servers and/or sites, you represent and warrant that:

you have all right, title, and interest to such posted Content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content; or
that such Content is in the public domain or that your use of such Content constitutes fair use.

You further represent and warrant that posting such Content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted Content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that any and all Content that you supply does not violate the Terms or any applicable law.

Browsing

You understand that material made available on the Site is a product of a community effort and does not necessarily represent the views of Ushahidi. Ushahidi assumes no responsibility for the accuracy, suitability, or completeness of any content provided.

Linking

You understand that the Site does not and cannot review all material made available through websites linked or linking to any part of the Site. You also understand that no such linking implies in any way that Ushahidi endorses or is affiliated with any third-party website. You agree that Ushahidi bears no responsibility or liability for any content accessed or harm caused from any third-party website.

Acts Against the Site/Services

You shall not attempt or engage in potentially harmful acts that are directed against the Site including, without limitation, the following:

Using the Site in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
causing, allowing, or assisting any other person to use your Site Account(s) or impersonate you, or logging onto a server or Site Account(s) that you are not authorized to access;
forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
emulating or faking Site visits or usage;
causing, allowing or assisting machines, bots, or automated services to access or use the Site without the express written permission of the Ushahidi;
tampering, disrupting or otherwise interfering or attempting to interfere with the operation, functionality, or the security of the Site or Services, including, but not limited to, introducing viruses, worms, software, Trojan horses or other similar harmful code into the Site, or attempting to probe, scan or test the vulnerability of the Site or any associated system or network, or breach any security, authentication or material usage rules or measures, or overloading, "flooding," "spamming," "mail bombing," "pinging" or "crashing" the Site;
harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means;
reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site;
engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Site; and
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.

Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.

Parental Notice

Pursuant to 47 U.S.C. Section 230(d) as amended, Ushahidi hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).

Copyright Complaints

If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.

Indemnities

You acknowledge and agree to indemnify and hold Uhahidi, their affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Site, your violation of these Terms, or the infringement by you or made under your Site Account(s), of any intellectual property or other right of any person or entity.

Modifications

Ushahidi reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing the Terms. Your continued use of the Site constitutes your agreement to all such Terms.

Termination of Service

Ushahidi disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Site, or any software provided through the Site. Ushahidi reserves the right to modify, suspend, or discontinue access to the Site without any notice at any time and without any liability to you.

Scope of Terms

The Terms apply to use of and contribution to the Site and any account provided therefore. Ushahidi may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.

No Waiver of Terms

Failure of Ushahidi to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law and Entire Agreement

These Terms are governed by the laws of the State of Florida, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Orange County in the State of Florida in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.