OneOp offers you and other users (“Users“) the ability to access user-generated content (“Content“), and other services, including blogging, commenting and sharing resources (the “Services“), accessible at oneop.org (together with any other current or future pages at which the Services are accessible, the “Site“), subject to these terms of use (“Terms“). By accessing, creating, or contributing to the Site, Content, or any Service, you agree to abide by these Terms. If you are using or accessing the Site, Content, or any Service on behalf of a third party such as your employer, you represent and warrant to OneOp that you have the power and authority to bind that third party to these Terms and “you”, “your”, “yourself” and words of similar import will be considered to include that third party.
1. Rights in the Content You Submit
All Rights Reserved License Default
Unless specified below or as provided in the Special Circumstances, any Content copyrightable by you and posted on the Site is owned by you. However, by providing Content to the Site, you grant OneOp a non-exclusive irrevocable worldwide license to use, reproduce, display, distribute, perform, and promote your Content for our purposes as OneOp.
No part of these portions of the Site, either text or image may be used for any purpose other than personal use. Therefore, reproduction, modification, storage in a retrieval system, or retransmission, in any form or by any means, electronic, mechanical, or otherwise, for reasons other than personal use, is strictly prohibited without prior written permission.
Creative Commons License for OneOp Home Page
An exception to the default rule above applies to Content posted on the OneOp home page at oneop.org. Any and all Content copyrightable by you and posted by you to oneop.org is made available to other Users under the terms of an Attribution-ShareAlike Creative Commons Public License (“Creative Commons License“). Under the Creative Commons License, you permit other Users to copy, distribute, display, and perform your Content, royalty-free, on the condition that they credit your authorship each time they do so. You also permit Users to distribute derivative works of your Content, but only if they do so under the same Creative Commons License that governs your original Content. You agree that OneOp may make your Content available to other Users, subject to such Users agreeing to comply with the terms of the Creative Commons License. While OneOp will notify Users that use of your Content is governed by the Creative Commons License, you agree that it is not OneOp’s responsibility to enforce the Creative Commons License with respect to your Content and that if there is a dispute between you and any other User regarding the Creative Commons License or any of your Content, such dispute is solely between you and such User and OneOp has no obligation to become involved in such dispute.
Responsibility for Your Content
You are solely responsible for all Content that you provide or generate through your access and use of the Site or Services. You assume all risks associated with the use of your Content, including any reliance on the accuracy, completeness, or usefulness by other Users, or any disclosure of Your Content that makes you or any third party personally liable. OneOp is not responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store, restore, or back-up any of Your Content.
Attribution
When publicly displaying, reproducing, or distributing copies of your Content, or your Content as incorporated into a collective work, OneOp will make best efforts to credit your authorship. You grant OneOp permission to use your name for such attribution purposes. You, likewise, agree to represent yourself accurately. You acknowledge that misrepresentation may lead OneOp, in its sole discretion, to cancel your use of and access to the Site and any Service, and delete any of your Content.
2. Conduct
Posting
You may post Content freely, so long as your Content: (a) does not violate these Terms, or any requirements under applicable laws, rules, and regulations; (b) is not libelous, defamatory, obscene, threatening, or an invasion of privacy; (c) does not constitute an infringement, misappropriation, or violation of the intellectual property rights of any third party; or (d) is not or could not be spam, a part of a pyramid scheme, or a disruptive commercial message.
By posting Content to the Site or any Service, you warrant and represent that you either own or otherwise control all of the rights to that Content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content, or necessary to allow OneOp to use your Content as set forth in the rights and licenses you grant to OneOp under these Terms. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the Content you post does not violate these Terms, and that you will be responsible for any liabilities resulting from:
- your use of or access to the Site, any Service or Content;
- any use or access to your Content by OneOp or any other User;
- your violation of any applicable Laws; and
- your breach of any representation, warranty, or other provision of these Terms.
You acknowledge that OneOp does not pre-screen or regularly review posted Content, but that it will have the right to remove in its sole discretion any Content, without or without notice to Users, that it considers violating these Terms.
Accessing
You understand that all Content posted to the Site or any Service is the sole responsibility of the User who originally posted the Content. You understand, also, that all opinions expressed by Users of the Site or any Service are expressed strictly in their own capacities, and not as representatives of OneOp. Unless otherwise stated, the Site and its Content are for your own informational, personal, noncommercial purpose only. The Content is not intended to be a substitute for personalized professional advice. For personalized information, contact a qualified professional familiar with your personal circumstance.
You agree that OneOp will not be liable, under any circumstances and in any way, for any errors or omissions, loss, or damage of any kind incurred as a result of the use of any Content posted to the Site or any Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
As a condition to accessing or using the Site, Content, or any Service, you may not, and will not permit any third party to (a) access or attempt to access the Site, Content, or Service, except as expressly provided in these Terms; (b) access the Site, Content, or any Service in any unlawful manner or in any other manner that could damage the Site; (c) use automated scripts to interact with the Site; (d) distribute, perform, display, sell, resell, lend, loan, lease, license, sublicense, transfer, or in any way exploit or make available any of the Content or the Site, except as permitted in accordance with these Terms; (e) interfere with any security-related features of the Site, Content, or Services; or (f) reverse engineer, disassemble or otherwise attempt to derive the method of operation of the Site or Services.
The Site may provide you with the choice to access certain Services developed, provided, or maintained by other third-party service providers (“Third Party Services“). OneOp disclaims all liability for any content, services, or products available on or offered through such Third Party Services. In addition to these Terms, your access to and use of any Third Party Services is also subject to any other agreement you may agree to before being given access to the Third Party Services (“Third Party Service Agreement“). The terms of any Third Party Service Agreement (which may include payment of fees) will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to these Terms, but will not apply to any other Services you may access through OneOp. Except as set forth in these Terms, the terms of any Third Party Service Agreement will control in the event of a conflict between these Terms and that Third Party Service Agreement.
Trademarks
All trademarks, logos, and service marks displayed on the Site are the sole and exclusive property of OneOp or its third-party licensors. You are not permitted to use these trademarks, logos, and service marks of OneOp or its licensors without OneOp’s prior written consent or the consent of such a third party which may own the trademark, logo, or service mark. You must maintain in place all copyright, trademarks, and other proprietary rights notices contained on or in any copies of any Content.
3. Disclaimer of Warranties and Limitation of Liability
THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXTENSION DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE SITE OR ANY CONTENT OR SERVICES AND DOES NOT RECOMMEND OR ENDORSE THE CONTENT (INCLUDING DESCRIPTIONS OF SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, PROFESSIONALS, OR OTHER INFORMATION) THAT MAY BE PROVIDED THROUGH THE SITE. EXTENSION EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, CONTENT, SERVICES, AND OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT.
EXTENSION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER, CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE SITE, CONTENT, OR SERVICES. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, EXTENSION’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. You expressly agree that you use the Site, CONTENT, AND Services solely at your own risk.
4. Equitable Relief
You agree that OneOp has expended significant monetary resources to develop the Site, Content, and the Services and that monetary damages would be inadequate to compensate OneOp for any violation of these Terms. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to OneOp and that, in addition to any other remedies that may be available, at law, in equity, or otherwise, OneOp will be entitled to obtain injunctive relief against the actual or threatened violation of these Terms without the necessity of posting a bond or proving actual damages to OneOp.
5. Termination and Suspension
OneOp may suspend or permanently terminate in its sole discretion your access to or use of the Site, the Services or any Content (including your Content), with or without notice to you, upon any actual, threatened, or suspected violation of these Terms. Upon termination of your access for any reason: (a) all rights and licenses granted to you under these Terms will terminate; (b) you will immediately cease all use of and access to the Site and all Content and Services (including, without limitation, all Content you obtained prior to termination); and (c) OneOp may, in its sole discretion, delete any of Your Content held by OneOp.
6. Privacy Policy
You expressly consent to the use and disclosure of your personal information and other data and information as described in the Privacy Policy, which is incorporated herein by reference. Notwithstanding anything in the Privacy Policy, OneOp will have the right to collect, extract, compile, synthesize, and analyze non-personal information (information that does not identify a natural person) resulting from your access to and use of the Site, Content, and Services. To the extent any such non-personal information is collected or generated by OneOp, such information will be solely owned by OneOp and may be used by OneOp for any lawful business purpose without a duty of accounting.
7. Modification of These Terms of Use
OneOp reserves the right to change, at any time, in its sole discretion, these Terms. You are responsible for regularly reviewing these Terms. Your continued access to and use of the Site or any Service constitutes your agreement to these Terms, including any such changes.
8. Copyright
Unless otherwise noted, OneOp holds the copyright on all materials published by OneOp on the Site and available through the Services, whether in print or electronic form. In certain cases, the work remains the intellectual property of the author(s) (see Special Circumstances, which is incorporated herein by reference). Content from conference speeches, presentations, blogs, and feeds reflect the opinions of the author, and not necessarily those of OneOp.
OneOp respects the intellectual property of others and requires that its Users do the same. If you believe that your work has been copied and is accessible on the Site or through a Service in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may request removal of the relevant material(s) (or access thereto) from the Site or the Service by contacting OneOp’s Copyright Agent (identified below) and providing the following:
- Identification of the copyrighted work that you believe to be infringed and a description of the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work
- Identification of the material that you believe to be infringing and its location, and a description of the material, the URL, or any other pertinent information that will allow OneOp to locate the material
- Your name, address, telephone number, and email address
- A statement that you have a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law
- A statement that the information that you have supplied is accurate, and indicate that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf
- A signature or the electronic equivalent from the copyright holder or authorized representative
OneOp’s agent for copyright issues relating to this Site, any Content, or any Service is as follows:
Who?
OneOp Title?
copyright@oneop.org
9. Linked Sites
The Site, Content, or Services may contain links to third-party sites or content that are not under the control of OneOp. If you access a third-party site or content from the Site or Services, then you do so at your own risk and OneOp is not responsible for any content on any linked site. You may establish a link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by OneOp or any group or individual affiliated with OneOp. You may not use on Your site any Content or trademarks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.
10. Terms License
This Terms of Use document is licensed under an Attribution-ShareAlike Creative Commons Public License.
11. General
These Terms are the complete and exclusive understanding and agreement between the parties and supersede any oral or written proposal, agreement, or other communication between the parties, regarding your access to and use of the Site, Content, and Services. Except as expressly set forth in these Terms, these Terms may be amended or modified only by a writing signed by both parties. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect. The parties are independent contractors, and nothing in these Terms will be construed as creating an employer-employee relationship, a partnership, or a joint venture between the parties. You may not assign or delegate, whether by operation of law or otherwise, these Terms or any of your rights or obligations under these Terms to any third party without the prior written consent of OneOp. Any assignment in violation of the foregoing will be null and void and will be considered a breach of these Terms. When referring to pages on the Site from another website, please link to the web page from which individual files are linked, rather than to the individual files themselves (including but not limited to PDFs, Powerpoints, word-processed documents, or graphics). Such files should never be directly linked to or copied from the Site for use on another website.
