User Agreement
Please read our User Agreement / Terms of Service and confirm them by clicking the Agree button.
opensourcexperts.com User Agreement V 1.1 THE FOLLOWING DESCRIBES THE TERMS ON WHICH opensourcexperts.com OFFERS YOU ACCESS TO OUR SERVICES. Welcome to the user agreement (the "Agreement" or "User Agreement") for opensourcexperts.com. The party you are contracting with is beehive KG, Kurfürstendamm 21, 10719, HR-Nr. (Business Charter) HR A 33652 Amtsgericht Charlottenburg, Berlin (Germany). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.opensourcexperts.com (the "Site") and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. If you have any questions, please refer to our User Agreement Frequently Asked Questions or to Feedback Menu option within opensourcexperts.com. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of opensourcexperts.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an opensourcexperts.com user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other opensourcexperts.com websites will be governed by the User Agreement and Privacy Policy posted on those websites. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and opensourcexperts.com. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on September 19, 2004 for all other users. 1. Membership Eligibility. Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended opensourcexperts.com members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your opensourcexperts.com account (including feedback) and User ID may not be transferred or sold to another party. 2. Fees and Services. Our listing service is free. At this time we do not provide any services for a fee but reserve the right to improve or come up with new, optional services, or license for resale material created by others. Our goal is to provide a first rate resource which helps people either find or become and Open Source expert. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in EURO. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. 3. opensourcexperts.com is a Venue. 3.1 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us with when they register on the Site. However, because user verification on the Internet is difficult, opensourcexperts.com cannot and does not confirm each user's purported identity. We also encourage you to communicate directly with potential trading partners through the follow up / comment function available on the Site. If it comes to our attention that information provided to us is inaccurate we reserve the right to remove the data including the User/Companies account without warning. 3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release opensourcexperts.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 3.4 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and opensourcexperts.com is not responsible for the acts or omissions of users on the Site. 4. Your Information. 4.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, and listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. 4.2 Restricted Activities. Your Information (or any programming offer listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) link directly or indirectly to or include descriptions of services that: (aa) are prohibited under this Agreement; (bb) are identical to other programming offers you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for acceptance on a web site other than opensourcexperts.com (this does not prevent linking to or advertising an opensourcexperts.com programming offer from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any programming offer on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Programming. 4.3 License. Solely to enable opensourcexperts.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. opensourcexperts.com will only use Your Information in accordance with our Privacy Policy. Our Editors may modify any information you provide to us including images or logo's in the interest of providing useful information via our Indices. 4.4 Deleting of Content or Accounts Should we find that the information you have provided is false / bogus we may, at any time, delete your account. 5. Feedback. 5.1 Integrity. You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. If you earn a net feedback rating of -4 (minus four), your membership may be suspended, and you may be unable to list or bid. 5.2 Import. We do not provide you the technical ability to import feedback from other (non-opensourcexperts.com operated) websites to opensourcexperts.com because a composite number, without the corresponding feedback does not reflect your true online reputation within our community. 6. Breach. Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. 7. Privacy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent - except for our News Feeds for each category. Please see: http://www.opensourcexperts.com/Index/index_html for a list of all feeds and to view the information we share. If you do not want to be listed in these directories then uncheck the boxes for each Technology in Company Information / Profile when your are logged into the system. We only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at <a href="http://www.opensourcexperts.com/privacy.html">http://www.opensourcexperts.com/privacy.html</a> If you object to your Information being transferred or used in this way please do not use our services. 8. No Warranty. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some US-states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. 12. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 100 EURO. Some Countries or States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 9. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 10. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. 11. No Agency. You and opensourcexperts.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 12. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to beehive KG Attn: Legal Department Kurfürstendamm 21 Berlin 10719 Berlin Germany or to the email address you provide to opensourcexperts.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to opensourcexperts.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 13. Resolution of Disputes. In the event a dispute arises between you and opensourcexperts.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and opensourcexperts.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. 13.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than EURO 10,000, you or opensourcexperts.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, all disputes arising in connection with this user agreement or its validity shall be finally settled in accordance with the Arbitration rules of the German Institution of Arbitration e.V. (DIS) - Breitestr. 29, D-10178 Berlin - phone + 49 30 31 51 05 89 - fax + 49 30 31 51 01 20 - without recourse to ordinary courts of law. The Arbitral Tribunal shall consist of three Arbitrators. The chairman must be a lawyer admitted to the bar of Berlin/Germany or Hamburg/Germany having command of the Language of Arbitration. Place of Arbitration is Berlin/Germany. Language of Arbitration is English. The Arbitral Tribunal shall apply German substantial law. Regarding the procedure specially with respect to taking evidence, the Arbitral Tribunal shall apply German procedure law. A dissenting opinion shall not be permissible. 13.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Berlin, Germany or where the defendant is located (in our case Berlin, Germany, and in your case your home address or principal place of business). You and opensourcexperts.com agree to submit to the personal jurisdiction of the courts located within the county of Berlin, Germany. 13.3 Alternative Dispute Resolution. Alternatively, opensourcexperts.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Berlin, Germany or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. 14. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site: Privacy Policy: http://www.opensourcexperts.com/privacy.html, Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
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