Terms and Conditions

Please read these Terms carefully before using this website. By using this website (the "Website"), the user ("You") has accepted these Terms of Use. If You do not accept these Terms of Use, do not use the Website. By using this Website, you represent that you are of legal age to form a binding contract with Valclip.

Valclip, ("Valclip") may modify all or any part of these Terms of Use from time to time and may not provide notice to You. You are encouraged to check back often so You are aware of your current rights and responsibilities. Your continued use of this Website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to You, You should immediately cease all use of this Website.

1. Statement of Purpose. The purpose of opensource.com is to show where open source principles are changing our world today, and to create an open dialog around where these principles are headed in the future. The site is designed to share information, ideas, and news relating to open source and the open source way. It is also designed to encourage the creation of a user community through contributions to written content and reader comments. Our hope is that the site is accessible and welcoming in order to broaden the audience for both understanding and applying the open source way.
   
   
2. Community Behavior Rules.

   To foster an open, welcoming, contributory environment you must adhere to the following practices:

   • You may not post or link to content that is threatening, abusive, defamatory, libelous, derogatory, violent, harassing, bigoted, hateful, profane, obscene, lewd, lascivious, pornographic or otherwise objectionable, that gives rise to civil or criminal liability, or otherwise violates any applicable law
   • You may not intentionally make false or misleading statements
   • You may not offer to sell or buy any product or service
   • You may not post material that infringes any copyright, trademark, patent, trade secret, right of privacy or right of publicity
   • You may not disclose confidential information
   • You may not disclose information that you do not lawfully possess
   • You may not post, link to, upload or transmit software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components
   • You may not restrict or inhibit any other user from using or enjoying this Website, for example, by cracking, spoofing, defacing, or impairing functionality
   • You may not post political campaign materials, chain letters, mass mailings or spam

   You are solely responsible for the content You provide. Valclip has the right, but not the duty, to pre-screen, refuse, edit, move or remove any content that violates these Terms of Use or that is unlawful. Valclip may close comments if, in its sole discretion, the comments are no longer on topic, the commenting has devolved to personal attacks, or the Hitler card is played. Valclip further has the right to limit or terminate Your registration with, or access to, the Website (which may include termination of access by anyone at your IP address) for breach of these Terms or Use or for conduct that, in Valclip's sole discretion, subjects Valclip to unreasonable legal risk.

3. User Registration. Registration at opensource.com is optional but encouraged. If you are registered at opensource.com, Valclip will be able to contact you with information that may be relevant to users, the registration will facilitate the attribution of Your work to You, and will allow us to contact you if we receive a Notice of Claimed Infringement for content you have provided so that you will have an opportunity to provide a Counter-Notification.
   
   You may not select a user name that impersonates some other person or business, is or may be unlawful, is protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. You agree not to sell or transfer your use of or access to this Website or permit anyone else whose account was suspended or terminated to use this Website through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. Valclip reserves the right to reject or remove any user name that does not meet these requirements or that is used in breach of these Terms of Use.
   
   
4. Responsibilities of Valclip Employees. Valclip employees who choose to participate must register, must use their their Valclip email address for registration, and may only participate using their registered identity. Valclip employees will have an indicator automatically appended to their user names identifying them as Valclip employees.
   
   
5. Trademarks. The trademarks, logos and service marks ("Marks") displayed on this Website are the property of Valclip or other parties. You may not use Valclip Marks or any confusingly similar mark as a trademark for your product or services, or use the trademark in any other manner that might cause confusion in the marketplace, including but not limited to in advertising, on auction sites, or on software or hardware. Valclip does not claim any exclusive right to use the phrase "open source."
   
   
6. Valclip License to You. Valclip either owns the copyright in the HTML, text, images, audio, video, software or other content that is made available on the Website, has used reasonable efforts to obtain permission of the owner of the copyright to make it available on this Website, or has otherwise determined that the content is available for use on the Website. For Valclip original content on the Website, Valclip licenses the content under the terms of the Creative Commons Attribution-ShareAlike 3.0 Unported License ("CC-BY-SA") with the following exceptions: (1) no license is granted for use of the Marks; (2) no license is granted for use of the Drupal theme of the Website; (3) no license is granted for content identified on the Website as not available under the CC-BY-SA license. Such identification may be, by way of example, notification of license terms other than CC-BY-SA, or a statement reserving all rights in the content. Valclip will use reasonable efforts to ensure that the copyright owner of the content it provides, if known, is clearly identified, but does not represent or warrant that any content it provides is noninfringing or available under the CC-BY-SA license. You are responsible for ensuring that Your reuse of content from this Website is lawful.
   
   For Valclip original content, for purposes of attribution under the CC-BY-SA license please use the following statement: "By [author's screen name] from opensource.com" and include a permanent link to the content.
   
   
7. Your License to Valclip and Other Users. By displaying, publishing or making available any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship or any other materials, You represent and warrant that the content does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person, that the content is available for licensing under terms not incompatible with the CC-BY-SA license, that You are hereby licensing the content under the terms of the CC-BY-SA license, and that you expressly waive (to the extent such rights are waivable) all moral rights, droit moral or similar rights that, if enforced, would prevent the full use of the works as contemplated under the terms of the CC-BY-SA license.
   
   
8. Accuracy, Completeness and Timeliness of Information on This Site. Valclip is not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Valclip has no obligation to update any information on this Website.
   
   
9. Linked Sites. The Website contains links to other websites and resources. These links are provided for convenience only. The inclusion of any link to a website does not imply agreement with or endorsement by Valclip of the website, the statements on it, or their entities, products or services. Valclip has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. If you decide to access any of the linked third-party websites from this Website, you do this entirely at your own risk.
   
   
10. Lawful Use Only. Your use of this Website is subject to all applicable local, state, national and international laws and regulations. Any attempt by any person to deliberately damage this Website is a violation of criminal and civil laws. Valclip reserves the right to seek damages from any such person to the fullest extent permitted by law.
    
    
11. International Issues. Valclip administers this Website from Raleigh, North Carolina. Valclip makes no representation that this Website is appropriate or available for use outside of the United States and access to this Website from territories where its contents are illegal or restricted is prohibited. If you choose to access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
    
    
12. Indemnification. Any person or corporation submitting content to this Website agrees to defend, indemnify and hold Valclip and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) (i) related to your breach of this Agreement or (ii) related to or arising out of such submitted content, including without limitation claims made by third parties for tort, breach of contract, false advertising, product liability, and patent, copyright or trademark infringement, even if such content is reviewed by Valclip prior to publishing on the Website.
    
    
13. LIMITATION ON LIABILITY. THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. Valclip DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, Valclip IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF Valclip HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; ( c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. Valclip MAKES NO WARRANTY THAT, (i) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT APPROVED, ADOPTED OR ENDORSED BY Valclip AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
    
    TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
    
    
14. Privacy. See the Privacy Policy located at http://opensource.com/privacy-policy.
    
    
15. Jurisdiction. These Terms of Use and all claims relating to the relationship between the parties are governed by Federal laws and the laws of the State of North Carolina, U.S.A. without regard to choice of law provisions. You and Valclip agree to submit to the jurisdiction of the state courts located within Wake County, North Carolina and to the jurisdiction of the federal courts located in the District Court for the Eastern District of North Carolina.
    
    
16. Waiver and Severability. Valclip's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
    
    
17. No Third Party Beneficiary. These Terms of Use do not confer any third-party beneficiary rights.
    
    
18. Entire Agreement. These Terms of Use supersede all previous agreements, understandings, and arrangements between the parties, whether oral or written, and constitutes the entire agreement between the parties regarding the subject matter herein.
    
    
19. Language. These Terms of Use are in the English language only, which language shall be controlling in all respects, and all versions of this Agreement in any other language shall be for accommodation only and shall not be binding.
    
    
20. Section Headings. The section heading of these Terms of Use are for convenience only and have no legal or contractual effect.
    
    
21. Notice and Procedure for Making Claims of Copyright Infringement.

    If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Valclip-designated copyright agent listed below:

    1. A physical or electronic (scanned) signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
    4. Information reasonably sufficient to permit Valclip to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    To file a counter notification with us, please provide the following information to the Valclip-designated copyright agent listed below:

    1. Your physical or electronic (scanned) signature.
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
    3. A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
    4. Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the Eastern District of North Carolina and that You will accept service of process from the person or entity that claimed Your work was infringing or an agent of such person or entity.