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Terms of Use

These Terms of Use govern all usage of opentaps.org.  Please read them carefully -- this is a legally binding contract regarding your usage of opentaps.org.  By using opentaps.org for any purpose, including reading or downloading its content or posting additional content of your own, you agree to these Terms of Use.

In the following Terms of Use,

You represent and warrant to us that all of the following are true and agree to indemnify, defend, and hold us, our officers, directors, employees, agents, investors, advertisers, and partners harmless and pay for any and all costs arising from your breach of the following representations and warranties, including but not limit to court costs, legal expenses, reasonable attorney's fees, and discovery costs:

  1. That you are legally authorized to access and use this site, and your usage is not prohibited by any laws or regulations of the United States of America, such as those published in http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm  Specifically, if you are a resident in countries on the United States Office of Foreign Assets Control sanction list, including Cuba, Iran, North Korea, Sudan and Syria, you are not authorized to use this site.
  2. That you are not posting any malware, viruses, spyware, malicious code, or any content related to illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
  3. That you are the original author of any content you post to this site and have the authority to post such content.
  4. That the content you have posted to this site do not infringe upon any intellectual property, including but not limited to copyright, patents, and trade marks, of any other party.

You hereby grant us a worldwide, non-exclusive, irrevocable, perpetual, fully sublicensable, transferable, royalty-free right and license to use, reproduce, adapt, modify, translate, create derivative works from, publish, perform, display, rent, resell and distribute (in whole or part) any content you upload to this site and incorporate such content in other works, in any form, media, or technology developed by us, though we are not required to incorporate such content into any of our products or services. We reserves the right to syndicate content submitted, posted or displayed by you on or through this site and use such content in connection with any service we offer.

ALL PRODUCTS, SERVICES, INFORMATION, CONTENT OR ANY OTHER MATERIALS OR ITEMS PROVIDED ON OR VIA THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.  WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, SERVICES OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER PROVIDER OF CONTENT, PRODUCTS, SERVICES OR INFORMATION. AS WITH THE PURCHASE OF A PRODUCT, SERVICE OR INFORMATION THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WE DO NOT WARRANT THAT THIS SITE'S SERVICES WILL BE TIMELY, UNINTERRUPTED, OR SECURE. SCHEDULED AND PREVENTIVE MAINTENANCE, AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THIS SITE.  WE DO NOT ASSUME RESPONSIBILITY FOR DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.YOU AGREE THAT YOUR USE OF THIS SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE, YOUR USE THEREOF, THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OF ANY WEB SITE LINKED TO THIS SITE OR THE SERVICES, PRODUCTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS OFFERED AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SOURCEFORGE.NET, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, ON OR VIA SOURCEFORGE.NET BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR VIA THIS SITE.

WE RESERVE THE RIGHT TO CHANGE ITS WARRANTY POLICY SET FORTH HEREIN, AT ANY TIME BY UPDATING THESE TERMS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM: (A) RELIANCE ON MATERIALS FROM THIS SITE, (B) LOSS OF USE, DATA, PROFITS, GOODWILL AND/OR OTHER INTANGIBLE LOSSES (INCLUDING WITHOUT LIMITATION THE INABILITY TO USE THIS SITE'S SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE), OR (C) DELAYS OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE), WHETHER BASED ON BREACH OF CONTRACT, WARRANTY BREACH, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO US$100. YOU ACKNOWLEDGE AND AGREE THAT WE WOULD BE UNWILLING TO MAKE AVAILABLE THIS SITE ABSENT THE FOREGOING LIMITATIONS OF LIABILITY, WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user nor do these Terms extend rights to any third party.

All disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) of your access to or use of the Content and this site, including without limitation your or others' downloading or consumption of Content or other materials available by means of this site or third party web sites, your uploading or posting Content to this site, or your purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in Los Angeles County, California before and in accordance with the rules of American Aribtration Association. Notwithstanding the foregoing, we will have the right to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights.

In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Los Angeles County, California. The Terms and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree the UN Convention on Contracts for the International Sale of Goods shall not apply.

We may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on this site.

Unless superceded explicitly by a separate written agreement executed between you (or, where applicable, your employer) and us, the Terms constitute the entire agreement between you and us with respect to the subject matter hereof and govern your use of this site, and supercede any and all prior understandings and agreements between you and us related to the subject matter hereof.

There are and will be no third party beneficiaries to the Terms.

Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Any claim or cause of action arising out of or related to use of this site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

In our sole discretion, we may assign these Terms, in whole or in part, by providing notice in accordance with the notice provision in this Section should we ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of this site. You may not assign these Terms, in whole or in part, without our prior written consent.

If you have any questions or concerns about these Terms, any policy, or this site generally, please send us a thorough description on the Contact page of this site.

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