Permitted and Prohibited Uses. User may use the Outercurve Web site for the sole purpose of allowing Outercurve professionals to share and exchange their ideas. User may not use the Outercurve Web site to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. User may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the Outercurve Web site any information the disclosure of which would constitute a violation of a confidentiality obligation on User’s part. User may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject Outercurve’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of Outercurve’s Web site. User is strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
User Submissions. Outercurve does not want to receive confidential or proprietary information from User through this site. Any material, information, or other communication User transmits or posts (“Communications”) to Outercurve’s Web site will be considered non-confidential and non-proprietary and Outercurve will be under no obligation of any kind with respect to such information. Outercurve will be free to reproduce, make derivative works from, use, disclose, and distribute the Communications to others without limitation. At our sole election, Outercurve may provide authorship attribution by listing User’s name.
User Discussion Forums. Outercurve may, but is not obligated to, monitor or review any areas on Outercurve’s Web site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. Outercurve, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Outercurve may edit or remove content on the Outercurve Web site at its discretion at any time.
User agrees to provide true, accurate, current, and complete information when registering with our Web site. It is User’s responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If User provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of this site.
Indemnification. User agrees to defend, indemnify and hold harmless Outercurve, its employees, directors, officers, affiliated companies, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the site, including, without limitation, User’s violation of these Terms and Conditions, the infringement by User, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
Termination. These Terms and Conditions of Use are effective until terminated by either party. If User no longer agrees to be bound by these Terms and Conditions, User must cease use of this Web site. If User is dissatisfied with this Web site, its content, or any of these terms, conditions, and policies, User’s sole legal remedy is to discontinue using this Web site. Outercurve reserves the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that such use is (i) in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where Outercurve has reason to believe that User is in violation of these Terms and Conditions of Use.
WARRANTY DISCLAIMER. OUTERCURVE WEB SITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OUTERCURVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. OUTERCURVE MAKES NO REPRESENTATIONS OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES OUTERCURVE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. OUTERCURVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
IN NO EVENT SHALL OUTERCURVE OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE SITE, EVEN IF OUTERCURVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. OUTERCURVE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE SITE. YOUR PARTICIPATION IN THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUTERCURVE OR THROUGH OUTERCURVE, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE OUTERCURVE WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Liability Limitation. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL OUTERCURVE OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE OUTERCURVE WEB SITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE OUTERCURVE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE OUTERCURVE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OUTERCURVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
OUTERCURVE’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE OUTERCURVE’S WEB SITE WILL NOT EXCEED TWENTY FIVE THOUSAND U.S. DOLLARS ($25,000.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT OUTERCURVE WOULD NOT PROVIDE THE OUTERCURVE’S WEB SITE ABSENT SUCH LIMITATION.
General. Outercurve is based in the United States. Outercurve makes no claims that the Content on the site is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed in all respects by the laws of the State of Delaware, excluding Delaware’s conflicts of laws provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of Outercurve to act with respect to a breach of this Agreement by User or others does not constitute a waiver and shall not limit Outercurve’s rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User’s use of this site must be brought in the state or federal courts of the State of California, and User consents to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Links to Other Materials. This Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that Outercurve offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and Outercurve reserves the right to note its lack of affiliation, sponsorship, or endorsement on this site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Outercurve cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Notification Of Possible Copyright Infringement. In the event you believe that material or content published on the site may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to Paula Hunter, Outercurve Foundation, 781-876-6227 (office), 781-224-1239 (fax).
Outercurve Foundation Online Privacy Statement
Your privacy is important to the Outercurve Foundation (Outercurve). Our goal is to provide you with a personalized online experience that provides you with the information, resources, and services that are most relevant and helpful to you. This Privacy Statement has been written to describe the conditions under which this Web site is being made available to you. The Privacy Statement discusses, among other things, how data obtained during your visit to this Web site may be collected and used. We strongly recommend that you read the Privacy Statement carefully. By using this Web site, you agree to be bound by the terms of this Privacy Statement. If you do not accept the terms of the Privacy Statement, you are directed to discontinue accessing or otherwise using the Web site or any materials obtained from it. If you are dissatisfied with the Web site, by all means contact us at firstname.lastname@example.org otherwise, your only recourse is to disconnect from this site and refrain from visiting the site in the future.
The process of maintaining a Web site is an evolving one, and Outercurve may decide at some point in the future, without advance notice, to modify the terms of this Privacy Statement. Your use of the Web site, or materials obtained from the Web site, indicates your assent to the Privacy Statement at the time of such use. The effective Privacy Statement will be posted on the Web site, and you should check upon every visit for any changes.
Sites Covered by this Privacy Statement
This Privacy Statement applies to all Outercurve-maintained Web sites, domains, information portals, and registries.
Outercurve is committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. Outercurve does not intentionally collect information from children under the age of 13, and Outercurve does not target its Web site to children.
Links to Non-Outercurve Web Sites
TYPES OF INFORMATION WE COLLECT
Non-personal information is data about usage and service operation that is not directly associated with a specific personal identity. Outercurve may collect and analyze non-personal information to evaluate how visitors use the Outercurve Web site.
Outercurve may gather aggregate information, which refers to information your computer automatically provides to us and which cannot be tied back to you as a specific individual. Examples include referral data (the Web sites you visited just before and just after our site), the pages viewed, time spent at our Web site, and Internet Protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. For example, when you request a page from one of our sites, our servers log your IP address to create aggregate reports on user demographics and traffic patterns and for purposes of system administration.
Every time you request or download a file from the Web site, Outercurve may store data about these events and your IP address in a log file. Outercurve may use this information to analyze trends, administer the Web site, track users’ movements, and gather broad demographic information for aggregate use or for other business purposes.
Most browser software can be set up to deal with cookies. You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies, certain of the functions and conveniences of our Web site may not work properly, and you may be unable to use those Outercurve services that require registration in order to participate, or you will have to re-register each time you visit our site. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. We do not link non-personal information from cookies to personally identifiable information without your permission.
Outercurve’s Web site also may use Web beacons to collect non-personal information about your use of our Web site and the Web sites of selected sponsors and advertisers, your use of special promotions or newsletters, and other activities. The information collected by Web beacons allows us to statistically monitor how many people are using our Web site and selected sponsors’ sites; how many people open our emails; and for what purposes these actions are being taken. Our Web beacons are not used to track your activity outside of our Web site or those of our sponsors. Outercurve does not link non-personal information from Web beacons to personally identifiable information without your permission.
Personal information is information that is associated with your name or personal identity. Outercurve uses personal information to better understand your needs and interests and to provide you with better service. On some Outercurve Web pages, you may be able to request information, subscribe to mailing lists, participate in online discussions, collaborate on documents, provide feedback, submit information into registries, register for events, apply for membership, or join technical committees or working groups. The types of personal information you provide to us on these pages may include name, address, phone number, email address, user IDs, passwords, billing information, or other information.
HOW WE USE YOUR INFORMATION
Outercurve may use non-personal data that is aggregated for reporting about Outercurve Web site usability, performance, and effectiveness. It may be used to improve the experience, usability, and content of the site.
In keeping with our open process, Outercurve may maintain publicly accessible archives for the vast majority of our activities. For example, posting an email message to any Outercurve-hosted mail list or discussion forum, subscribing to any Outercurve newsletter or registering for one of our public meetings may result in your email address becoming part of the publicly accessible archives.
Please remember that any information (including personal information) that you disclose in public areas of our Web site, such as forums, message boards, and news groups, becomes public information that others may collect, circulate, and use. Because we cannot and do not control the acts of others, you should exercise caution when deciding to disclose information about yourself or others in public forums such as these.
Given the international scope of Outercurve, personal information may be visible to persons outside your country of residence, including to persons in countries that your own country’s privacy laws and regulations deem deficient in ensuring an adequate level of protection for such information. If you are unsure whether this privacy statement is in conflict with applicable local rules, you should not submit your information. If you are located within the European Union, you should note that your information will be transferred to the United States, which is deemed by the European Union to have inadequate data protection. Nevertheless, in accordance with local laws implementing European Union Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“EU Privacy Directive”), individuals located in countries outside of the United States of America who submit personal information do thereby consent to the general use of such information as provided in this Privacy Statement and to its transfer to and/or storage in the United States of America.
If you do not want your personal information collected and used by Outercurve, please do not visit Outercurve’s Web site or apply for participation status.
judicial or other government subpoenas, warrants, or other orders.
From time to time Outercurve may email you electronic newsletters, announcements, surveys or other information. If you prefer not to receive any or all of these communications, you may opt out by following the directions provided within the electronic newsletters and announcements.
OUTERCURVE and CHRONOZOOM are trademarks or registered trademarks of The Outercurve Foundation. These marks are not an exhaustive list of trademarks owned by the Foundation. Other product and company names used in this website are for identification purposes only and may be trademarks of their respective owners. Use of the Foundation’s trademarks may be used only with in a manner consistent with the Foundation’s then-current trademark guidelines, including appropriate ownership attribution language, and the terms of any trademark license agreement.
Copyright (C) 2013. The Outercurve Foundation. All rights reserved
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