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Terms of Service

Last revised on January 27th, 2013 (see the history)

The Big Picture

This Terms of Use (“Terms”) sets forth the conditions and terms under which users may access and use our resources and tools (“Services”). To become a user (“User” and collectively, “Users”), you must read and accept all of the conditions and terms set forth in the Terms. If you do not agree to be bound by the conditions and terms of the Terms, you may not use or access the Services offered by this Site. CLAHub reserves the right to refuse or cancel Services without prior notice to any User for any or no reason.

The Terms, contest rules, privacy policy, and other policies may change over time. We will try to warn you about major changes to the Terms of Service or website features or functionality, but we make no guarantees. Such modifications will become effective immediately upon their posting to this page. It is your obligation to review these Terms on a regular basis to inform yourself of any changes that may have been made. Your continued use of any of our Services denotes your acceptance of any such modified terms.

You must read through the entire Terms of Service below and agree with all the details before you use any of our sites (whether or not you have created an account).

The Fine Print

Reuse

This document is an adaptation of the Rails Rumble Terms of Service which is a derivative Heroku Terms of Service which itself is derivative of the Google App Engine Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License. Neither Rails Rumble, Inc., nor Heroku, Inc. nor Google, Inc. is connected with, sponsors, or endorses CLAHub or its use of the work.

You’re welcome to adapt and use this document for your own needs. If you make an improvement, we’d appreciate it if you would let us know so we can consider improving our own document.

Your Agreement with CLAHub

“CLAHub” or the “Service” means the CLAHub agreement website and any affiliated services. Such services may include our blog, our API, and any other software, sites, and affiliated web services.

“Customer Content” means any site access information, source code, or other content you submit to CLAHub for the purpose of using the Service.

“Content” means all content generated by CLAHub on your behalf that does not include Customer Content.

In order to use the Service, you (the “Customer”, “You”, or “Your”) must first agree to the Terms. You understand and agree that CLAHub will treat your use of the Service as acceptance of the Terms from that point onwards.

CLAHub may make changes to the Terms from time to time. You may reject the changes by terminating your account. You understand and agree that if you use the Service after the date on which the Terms have changed, CLAHub will treat your use as acceptance of the updated Terms.

If you have any question about the Terms, please email Jason Morrison.

Your Account

You may not use the Service if you are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which you are resident or from which you use the Service.

Our Services are not available to persons under the age of 13 for any reason. Users under the age of 18 years of age may access the Services of the Site with the supervision of a parent or guardian. Users that have been suspended or removed by CLAHub for any reason may not subsequently access the Site.

You must be a human. Accounts created by automated methods are not permitted.

Use of the Service

You must provide accurate and complete registration information any time that you register to use the Service.

You are responsible for the security of your passwords and for any use of your account.

Your use of the Service must comply with all applicable laws, regulations and ordinances.

You agree to not engage in any activity that interferes with or disrupts the Service.

CLAHub reserves the right to enforce quotas and usage limits at its sole discretion, with or without notice.

Service Policies and Privacy

The Service will be subject to the privacy policy for the Service. You agree to the use of your data in accordance with CLAHub’s privacy policies.

Cancellation and Termination

There is currently no facility for terminating your account or revoking a signature. Please email Jason Morrison if you wish to request an account cancellation. An email or phone request to cancel your account does not constitute an obligation on the part of Jason Morrison or any CLAHub operator or contributor to cancel your account.

You agree that CLAHub, in its sole discretion and for any or no reason, may terminate or suspend your account. You agree that any termination of your access to the Service may be without prior notice, and you agree that CLAHub will not be liable to you or any third party for such termination.

Customer Content

CLAHub claims no ownership or control over any Customer Content. You retain copyright and any other rights you already hold in the Customer Content and you are responsible for protecting those rights, as appropriate.

You agree to assume full responsibility for configuring the Service to allow appropriate access to any Customer website data or source code provided to the Service.

You understand that public profiles may display Customer Content to any party on the Internet, including search engines and web spiders.

You retain sole responsibility for any collaborators or third-party services that you allow to view Customer Content and entrust them at your own risk.

CLAHub is not responsible if you fail to configure, or mis-configure, your profile data or project and inadvertently allow unauthorized parties to view any Customer Content.

CLAHub reserves the right to use Customer Content in order to promote the CLAHub website and/or future endeavors. CLAHub may publish your name, GitHub account username, public GitHub project names and URLs, and the fact that you agree to any contributor agreements you indeed agree to and any other individual profile content on its Sites, blog, and in promotions on third party sites in order to promote the CLAHub website. By accepting these Terms of Service, you are acknowledging and allowing the information in your profile and/or your contributor agreements to be published by CLAHub or otherwise used for advertising and promotional purposes.

Ideas and Feedback

You may choose to or we may invite you to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is unsolicited and without restriction and will not place CLAHub or its owners under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Modification of the Service

You acknowledge and agree that the Service may change from time to time without prior notice to you.

Changes include, without limitation, changes to fee policies, security patches, added or removed functionality, and other enhancements or restrictions.

CLAHub shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

External Resources

The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that CLAHub is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. Your correspondence or business dealings with or purchase of goods and services from our advertisers, partners or sponsors found on or through the Services offered on our Site, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partners, advertisers or sponsors.

License from CLAHub and Restrictions

CLAHub gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service, in the manner permitted by the Terms.

The source code of www.clahub.com is provided at github.com/clahub/clahub and is licensed under the MIT license as per the LICENSE file contained in the source code.

Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with CLAHub for the use of the components of the Service released under an open source license.

Exclusion of Warranties

You expressly understand and agree that your use of the service is at your sole risk and that the service is provided “as is” and “as available.”

You agree that CLAHub has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up Customer Content.

CLAHub does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed.

Limitation of Liability

You expressly understand and agree that CLAHub, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not CLAHub has been advised of or should have been aware of the possibility of any such losses arising).

Indemnification

You agree to hold harmless and indemnify CLAHub, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “CLAHub and Partners”) from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, CLAHub will provide you with written notice of such claim, suit or action.

The Terms constitute the whole legal agreement between you and CLAHub and govern your use of the Service and completely replace any prior agreements between you and CLAHub in relation to the Service.

You agree that if CLAHub does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CLAHub has the benefit of under any applicable law), this will not be taken to be a formal waiver of CLAHub’s rights and that those rights or remedies will still be available to CLAHub.

CLAHub shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

Intellectual Property Infringement & Unlawful Conduct

To notify CLAHub of infringing or unlawful content, please provide Jason Morrison with the following information:

CLAHub takes such notices very seriously. We will evaluate the provided notice and, if appropriate based on our sole discretion, remove the content or disable access to the content. Based on our judgment, we may notify the source of the Content of your complaint and our actions in response to your complaint. We reserve the right in our sole discretion to restore such Content, if the source of such Content provides evidence that the Content should not have been removed. We encourage you to seek the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another User.

Jason Morrison may be notified of claims of intellectual property infringement by sending the above listed information via electronic mail to [email protected] only.