Ohloh Corporation Terms of Service
You may review the Black Duck Software Terms of Use by clicking here. Black Duck Software Terms of Use
Last Updated: 03/07/2008
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE OHLOH CORPORATION (“OHLOH,” “WE,” “US” AND “OUR”) WEB SITES LOCATED AT: WWW.OHLOH.NET, LABS.OHLOH.NET AND CLASSIFIEDS.OHLOH.NET (COLLECTIVELY, THE “SITES”), AND THE RELATED SERVICES (“SERVICES”) AVAILABLE ON THE SITES AND THE SOFTWARE THAT IS AVAILABLE FOR DOWNLOAD ON THE SITES (“SOFTWARE”). IN ADDITION, WHEN USING SPECIFIC OHLOH SOFTWARE OR SERVICES, YOU AGREE TO ABIDE BY ANY APPLICABLE POSTED TERMS AND CONDITIONS FOR SUCH SOFTWARE AND SERVICES (“SPECIAL TERMS”), WHICH ARE HEREBY INCORPORATED BY REFERENCE HEREIN. BY CLICKING THE “I AGREE” BUTTON IN THE INSTALLER, DOWNLOADING OR INSTALLING OR USING THE SITES OR SERVICES PROVIDED THEREON, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIAL TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS OR ANY SPECIAL TERMS THE SERVICES.
Order of Precedence
In the event of any conflict between the Terms and any Special Terms, the terms of such Special Terms shall take precedence over the conflicting portions of these Terms.
Modifications
We may change, add to, modify, or remove portions of these Terms or any of the applicable terms and conditions governing specific Services and/or Software at any time in our sole discretion. If so, Ohloh will post our updated Terms or updated Special Terms on the Sites and post notice of the change so it is visible when users log-on for the first time after the change is posted. Such modifications will be effective upon the posting of the modified Terms or Special Terms. Your continued use of the Sites and/or the Software and Services means that you agree to such modifications. If you do not agree to any changes in the Terms or Special Terms, please terminate your registration with the Site(s) immediately and discontinue your use of the Services, Software and the Sites. We are not liable to you or to any third party for any modification of the Terms or Special Terms.
Ohloh Materials and Third Party Content
Ohloh provides you with certain information, Data (as defined below) text, graphics and images on the Sites or available through the Services, including, without limitation, content, trademarks, logos, graphics and images (together, the “Ohloh Materials”). The Ohloh Materials are the copyrighted work of Ohloh. Ohloh also provides on the Sites and/or makes available through the Services certain information, text, graphics and images posted by you or other third parties (“Third Party Content”). The Third Party Content, is in each case, the copyrighted work of the creator/licensor.
Ohloh Materials License
Subject to the terms and conditions of this section, Ohloh grants you a royalty-free, fully paid-up, worldwide, non-transferable, non-exclusive, limited license to use, reproduce, modify and publicly display the "Ohloh Materials" ("Materials") on Ohloh’s website in and/or on any of your online publications and/or web pages, provided that you agree to attribute Ohloh as the source of any "Materials." Ohloh grants you a royalty-free, fully paid-up, worldwide, non-transferable, non-exclusive, limited license to use Ohloh’s trademark “Ohloh” and metric badge, including any trademarks contained therein (the “Ohloh Mark”), solely for the purposes of attributing Ohloh as the source of Data in and/or on your publications and/or web pages. Such use shall be in accordance with applicable trademark law. You agree that any such use of the Ohloh Mark shall inure solely to the benefit of Ohloh, and that you shall not obtain any rights in the Ohloh Mark beyond the rights expressly granted pursuant to this Agreement. You further agree not to register the Ohloh Mark or any other confusingly similar trademarks with any governmental authority, and not to challenge the rights of Ohloh in the Ohloh Mark. You shall take all actions necessary, in Ohloh’s discretion, to preserve and protect the reputation and good name of Ohloh and the Ohloh Mark.
Usage Guidelines and Restrictions
You agree not to use the Site or the Services to:
(a) upload, post, email, or otherwise transmit any Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses, and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(d) upload, post, email, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post, email, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
(g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(i) intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;
(j) use any automated means to collect any Ohloh-specific data or information (including without limitation our metrics, analyses, assessments, scores, and ratings) from the Site or the Services (including, without limitation, robots, spiders, or scripts). This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other restricted information; or
(k) frame the Site or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages.
(l) bypass the Site's or the Service's download webpages by "hotlinking" directly to the Site's or the Service's network, storage and bandwidth providers.
Trademarks and Copyright Notice
Ohloh is a trademark of Ohloh in the United States and in certain other countries. All other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise noted, all information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Ohloh, Copyright © 2006-2008 Ohloh. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Fees and Electronic Communications
You acknowledge that Ohloh may charge for Services provided on and through the Sites. Ohloh also reserves the right to change its fees and/or fee structures from time to time in its discretion. You agree to pay all fees charged to your account based on Ohloh’s fees, charges, and billing terms in effect as set forth in the applicable terms and conditions for such Services. You are responsible for paying any taxes that may apply.
By using the Services, you consent to receiving electronic communications from Ohloh and its third party affiliates who have contracted with Ohloh to provide certain services on their respective websites (“Ohloh Affiliates”). These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the services. These electronic communications are part of your relationship with Ohloh and you receive them as part of your subscription to the Services. You agree that any notices, agreements, disclosures or other communications that Ohloh or any Ohloh Affiliate sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Privacy Policy
Your use of the Sites is governed by the Ohloh Privacy Policy, which is available at http://www.ohloh.net/about/privacy (“Privacy Policy”).
Termination
You agree that Ohloh, in our absolute discretion, may terminate your password, account (or any part thereof), and use of the Sites and the Services at any time for any reason. Ohloh may also in its absolute discretion and at any time modify or stop providing the Sites or the Services, or any part of it, with or without notice.
Postings
You acknowledge that you are responsible for the text, works of authorship, or any other materials that you submit, post or otherwise make available on the Sites through, including, without limitation, job, service, event and announcement listings, posting areas, emails, profiles or other services available in connection with the Sites (collectively, “Postings”), and that you, and not Ohloh, have full responsibility for each such Posting you make, including its legality, accuracy and appropriateness. Unless otherwise explicitly stated herein or in the Ohloh Privacy Policy, you agree that any Posting provided by you in connection with the Sites is provided on a non-proprietary and non-confidential basis. Please note that, generally, Postings will be accessible by other users on the Sites. Please be sure that any information you post on any area of the Sites (including any online entry or entries that you choose to share with others via the Sites) is information that you are comfortable sharing with others.
Except as expressly set forth below and in any specific terms and conditions related to specific Services, you agree that Ohloh is free to use a Posting on an unrestricted basis for any purpose and you grant Ohloh an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Posting, with the right to sublicense these rights through multiple tiers of sublicensees. Additionally, Ohloh agrees to use all of your Postings in accordance with Ohloh’s Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO OHLOH, SUCH AS YOUR POSTINGS. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Posting that you make.
You represent and warrant that: (i) you own all Postings posted by you on or through the Sites or otherwise have the right to grant the licenses to Ohloh set forth in this section, and (ii) the use by Ohloh of your Postings on or through the Sites or Ohloh’s affiliate sites does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Postings posted by you to or through this Site.
Copyright and Trademark Infringements
Notification:
Ohloh respects the intellectual property rights of others, and we ask you to do the same. Ohloh may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Ohloh’s designated agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• 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 at the Site, and information reasonably sufficient to permit Ohloh to locate the material.
• Information reasonably sufficient to permit Ohloh to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Ohloh’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: By mail:
By phone: ++1 206 331-4532
By e mail: legal@ohloh.net
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification:
If you are a user who posted allegedly infringing material and who received notification to that effect from Ohloh, you may elect to send us a counter notice. To be effective such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
• Your physical or electronic signature. • 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. • 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. • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Ohloh may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.
Such written notice should be sent to our designated agent as follows: By mail:
By phone: ++1 206 331-4532
By e mail: legal@ohloh.net
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Only the intellectual property rights owner is permitted to report potentially infringing items through Ohloh’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
Disclaimers of Warranties
Your use of these Sites, Software and/or the Services is at your own risk. Neither the Ohloh Materials nor the Third Party Content have been verified by Ohloh, and they may include inaccuracies or typographical errors. Ohloh does not warrant the accuracy, timeliness, availability or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Sites or in the Ohloh Materials or Third Party Content. Ohloh has no liability for any errors or omissions in the Ohloh Materials or Third Party Content, whether provided by Ohloh or our licensors or users of the Sites.
OHLOH, FOR ITSELF AND ITS LICENSORS AND AFFILIATES, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, SOFTWARE, SERVICES, OHLOH MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITES, INCLUDING, WITHOUT LIMITATION, THE OHLOH MATERIALS AND THE THIRD PARTY CONTENT OF OTHER USERS OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, SOFTWARE, SERVICES, OHLOH MATERIALS AND THIRD PARTY CONTENT CONTAINED ON THE SITES IS PROVIDED TO YOU ON AN “AS IS” BASIS WITH NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
OHLOH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELATING TO THIRD PARTY CONTENT ON THIS SITE.
Disclaimer of Consequential Damages
IN NO EVENT SHALL OHLOH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING EVEN IF OHLOH KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Unauthorized Uses and Indemnification
Unauthorized use of any Software, Services, Ohloh Materials or Third Party Content contained on the Sites may violate certain laws and regulations. You will indemnify and hold Ohloh, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any and all costs, damages, losses, liabilities, claims, or demands and expenses (including attorneys’ fees) arising out of, resulting from or connected with your use of the Sites or the use of the Sites by any person using your user name and/or password (including without limitation your participation in the posting areas) violates any applicable law or regulation, or the rights of any third party, except to the extent the Software infringes any patent, copyright or trade secret of a third party.
Links
These Sites may be linked to other third party sites that are not affiliated with Ohloh. Ohloh provides these links to you only as a convenience, and Ohloh is not responsible for the content or links displayed on such sites. Except for Ohloh Affiliates, the third party sites may have different privacy policies and terms and conditions and business practices than Ohloh. Your use of the third party sites is subject to the terms of use and privacy policies located on the linked to sites Your dealings and communications through the Sites with any party other than Ohloh are solely between you and such third party. Any reference on the Sites to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply Ohloh’s endorsement or recommendation.
Member Disputes
You understand that your interactions and dealings with other users of these Sites are solely between you and such other user. Ohloh is not responsible for any loss or damage of any sort incurred as a result of any such interactions or dealings, and Ohloh has no obligation to become involved in any resulting dispute.
Local Laws; Export Control
Ohloh controls and operates the Sites from its headquarters in the United States and the Ohloh Materials and Third Party Content may not be appropriate or available for use in other locations. If you use the Sites outside the United States, you are responsible for following applicable local laws, rules and regulations.
Binding Arbitration
All disputes relating in any way, directly or indirectly, to Ohloh for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be resolved by binding arbitration under the rules of the Judicial Arbitration and Mediation Services/End Dispute (hereinafter “JAMS”). A single arbitrator shall be selected according to JAMS rules within thirty (30) days of submission of the dispute to JAMS. The arbitrator shall conduct the arbitration in accordance with the evidence code deemed to be applicable by the arbitrator. Except as expressly provided above, no discovery of any kind shall be taken by either party without the written consent of the other party, provided, however, that either party may seek the arbitrator’s permission to take any deposition which is necessary to preserve the testimony of a witness who either is, or may become, outside the subpoena power of the arbitrator or otherwise unavailable to testify at the arbitration. The arbitrator shall have the power to enter any award that could be entered by a Judge of the Superior Court of the State of Washington sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of California or any other applicable law. The arbitrator shall award the prevailing party its costs and its reasonable attorneys’ fees, and the losing party shall bear the entire cost of the arbitration, including the arbitrator’s fee. The arbitration award may be enforced in any court having jurisdiction over the parties and the subject matter of the arbitration.
General
These Terms are governed by the laws of the State of Washington and U.S. federal law, without regard to the choice or conflicts of law provisions. Any disputes relating to these Terms or the Site will be heard in the courts located in King County, Washington. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Ohloh’s failure to enforce any of these Terms is not a waiver of such term. The Terms, including any Special Terms, are the entire agreement between you and Ohloh and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Ohloh about the Sites. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Please direct any questions regarding these Terms to: legal@ohloh.net.