The following terms, conditions and provisions (the "Terms of Use") govern the relationship between you and warpSpeed Open and its contributors (collectively "we" or "our") as it pertains to your online dealings with warpSpeed Open.
By using any part of warpspeedopen.org, or any mobile websites or applications owned by warpSpeed Open which may be accessible via computers, mobile devices or such other technology that may become available from time to time (collectively referred to as the "Website") or establishing an account on the Website, you agree to comply with, and be legally bound by these Terms of Use, the Privacy Policy (collectively referred to as the "Website Terms"), all applicable laws and all applicable terms of use and policies as may apply to the devices, technology or products used in conjunction with the Website. If the Website Terms are not acceptable to you, you must not use this Website.
"Use" of the Website shall include, but is not limited to browsing the Website and the Content, as hereinafter defined.
1. Modification of the Website Terms
We reserve the right, at our sole discretion, to change, modify, add or remove portions of the Website Terms at any time with or without notice to you. Please check these Website Terms periodically for changes. Your continued use of the Website after the posting of any changes to these Website Terms constitutes your acceptance of such changes. Modifications to these Website Terms shall be effective immediately upon changes made on the website.
2. Access and Use of Service
2.1 The warpSpeed Open service is provided as open source software under the [specify your open source license, e.g., MIT, GPL, Apache, etc.] license. Basic features are available to all users free of charge. Certain advanced features may require registration for an account.
2.2 To use certain features of the warpSpeed Open service, you may need to have Internet access and accounts with existing apps or services. Your account with warpSpeed Open will be provided under your profile name.
3. Contributions
3.1 Users may contribute to the warpSpeed Open project according to the contribution guidelines published on our GitHub repository or website.
3.2 By contributing to the project, you grant warpSpeed Open and all users of the software a license to your contribution under the same open source license that covers the project.
3.3 Contributors retain ownership of their contributions but grant the necessary rights for distribution under our open source license.
4. warpSpeed Open Services
4.1 You must be either 18 years of age, or the age of majority in your province, territory or country, to create an account or contribute to the warpSpeed Open project.
4.2 The warpSpeed Open services are for your personal and commercial use under the terms of our open source license. We grant you a limited, non-exclusive, non-transferable license to access the warpSpeed Open service according to the terms of our open source license.
4.3 You agree to use the warpSpeed Open Service, including all the features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on the use of the service or content therein. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the warpSpeed Open Service; use any robot, spider, scraper or other automated means to access the warpSpeed Open Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the warpSpeed Open Service except as permitted by the open source license; insert any code or product or manipulate the content of the warpSpeed Open Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the warpSpeed Open Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
4.4 The reliability of access to the service may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.
4.5 We reserve the right to change the website and software in order to improve the users' experience relating to any features or services in response to feedback and in line with general development.
4.6 We reserve the right to remove, change or adapt information and pages within our website.
5. Product Representation
Certain images displayed throughout the website may not be an accurate representation of the actual delivery format of the material. warpSpeed Open does not warrant that the products are described accurately. We endeavor to describe products as accurately as possible but in some instances, visual representations may slightly differ from the actual delivery format.
6. Account Access
6.1 warpSpeed Open, through the Website has provided you with the opportunity to sign up for the service and in doing so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form; and (b) maintain and promptly update the information you provide to keep it true, accurate, current and complete. If warpSpeed Open has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, warpSpeed Open has the right to suspend or terminate your access to your account and the Website and refuse any and all current or future use of the Website (or any portion thereof). warpSpeed Open's use of any personally identifying information you provide as part of the account registration process is governed by our Privacy Policy.
6.2 By using the warpSpeed Open website, you affirm that you are over the age of 18, or the age of majority in your province, territory or country, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Website Terms, and to abide by and comply with the Website Terms.
6.3 To use the features of your account, you will need to use the login details you will have created during the sign-up process on our website. You are responsible for maintaining the confidentiality of your login details and account, and you are responsible for all activities that occur under your login details or account. You agree to notify warpSpeed Open immediately of any unauthorized use of your login details or account or any other breach of security.
6.4 You should be mindful of any communication requesting that you submit account information. Providing your information in response to these types of communications could result in identity theft. Always access your sensitive account information by going directly to the warpSpeed Open website and not through a hyperlink in an email or any other electronic communication, even if it looks official.
7. Governing Law
7.1 These Terms of Use shall be governed by and construed in accordance with the laws of [Your Jurisdiction], regardless of any conflict with legal principles or case law that might infer the application of laws of any other legal jurisdiction. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country or state of residence.
7.2 These Terms of Use supersede any preceding terms of use on this Website and any other agreement regarding the use of this Website, whether oral or in writing, and render null and void any preceding terms of use on this Website or any other agreement regarding the use of this Website.
8. Third-Party Applications
You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Applications") that interact with the warpSpeed Open service. Your use of these Applications may be subject to third party terms of use or license terms.
9. Contributions and Submissions
By submitting ideas, suggestions, documents, or proposals to warpSpeed Open through our suggestion or feedback mechanisms, you acknowledge and agree that: (a) your contributions do not contain confidential or proprietary information; (b) warpSpeed Open is not under any obligation of confidentiality, express or implied, with respect to the contributions; (c) warpSpeed Open shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way; (d) such contributions automatically become the property of warpSpeed Open without any obligation of warpSpeed Open to you; and (e) warpSpeed Open is not obligated to review, consider, or implement your contributions, or to return any materials you submit.
10. Survival
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
11. Electronic Communications
11.1 We will send you information relating to your account in electronic form only, for example via emails to your email address provided during sign up.
11.2 When you use any warpSpeed Open Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by email, text, or by posting notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11.3 By providing warpSpeed Open with your contact details, you consent to receive electronic communications from the project from time to time as set out in our Privacy Policy.
12. Copyright
All content included in or made available through any warpSpeed Open Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of warpSpeed Open or its content suppliers and protected by international copyright laws, except where released under our open source license. The compilation of all content included in or made available through any warpSpeed Open is the exclusive property of warpSpeed Open and protected by international copyright laws.
13. Trademark
In addition to any registered trademark, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any warpSpeed Open Service are trademarks. warpSpeed Open trademarks may not be used in connection with any product or service that is not warpSpeed Open, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits warpSpeed Open. All other trademarks not owned by warpSpeed Open that appear in any warpSpeed Open Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by warpSpeed Open.
14. Open Source License
The warpSpeed Open software is licensed under the [specify your open source license, e.g., MIT, GPL, Apache, etc.] license. All rights not expressly granted in these Terms or in the open source license are reserved by warpSpeed Open.
15. Disclaimer of Warranties and Limitation of Liability
Although the content on this website has been obtained from sources believed to be reliable, such content may include technical or other inaccuracies or errors, and is provided to you on an "as is" basis without any representation or warranty of any kind whatsoever. Your use of this website is entirely at your own risk. Neither warpSpeed Open nor its agents, servants, contractors, partners, service providers or suppliers make any representation whatsoever and disclaim all statutory, express or implied warranty, covenant and/or condition of any kind whatsoever including, without limitation, representations, warranties, terms, covenants or conditions regarding accuracy, functionality, uninterrupted service, compatibility, software compatibility, freedom from computer virus, malware or adware, timeliness, completeness, non-infringement, satisfactory quality, results obtained from the use of this website, merchantability, merchantable quality or fitness for any particular purpose or use arising by law, equity, statute, usage of trade or course of dealing. Internet services, links and connections are susceptible to technical difficulties, crashes, down-time, acts of god and other occurrences beyond the control of warpSpeed Open. warpSpeed Open shall use its reasonable efforts to maintain a consistent link with the Internet, but cannot and does not represent, warrant or covenant that it shall maintain such continuous and uninterrupted link to the internet. warpSpeed Open shall not be liable, obligated or otherwise responsible if it is unable or unwilling to maintain a continuous and uninterrupted link to the internet. Your use of this website means that you agree that you are using this website at your own risk and liability. warpSpeed Open shall not, under any circumstances, be liable for any direct, indirect, consequential, moral, incidental, collateral or special damages of any kind, or any other damages whatsoever, including without limitation, those damages arising from any decision made or action taken by you in reliance of the content on this website, or those damages resulting from loss of use, data or profits, whether from the use of, or inability to use, any content on this website (or a website linked to this website), or any other cause even if we are advised of the possibility of such damages or losses; and even if caused by any act, omission or negligence of warpSpeed Open or any of its agents, servants, contractors, partners, service providers or suppliers, and even if any of them has been apprised of the likelihood of such damages occurring.
16. Our Contact Information
Can be found on the Contact Page of the website or on our GitHub repository.
17. Use of the Software
17.1 You may use warpSpeed Open Software in accordance with the open source license under which it is distributed. You may incorporate the warpSpeed Open Software into your own programs or compile any portion of it in combination with your own programs according to the terms of our open source license. You may not use the warpSpeed Open Software for any illegal purpose. We may cease providing any warpSpeed Open Software and we may terminate your right to use any warpSpeed Open Software at any time. Your rights to use the warpSpeed Open Software will automatically terminate without notice from us if you fail to comply with any of these Terms of Use or the open source license terms.
17.2 As a condition of your use of the Website, you will not use the Website for any unlawful purpose or in a manner prohibited by these Website Terms. You agree not to reproduce, duplicate, copy, sell, distribute, resell or exploit any portion of the Website and/or Content or use the Website and/or Content for any other purpose other than permitted by these Terms and the applicable open source license. You agree that you will not use the Website and/or Content to defame, harass, abuse, threaten or stalk others or to collect or attempt to collect personal information about users or other third parties. You agree not to, intentionally or otherwise, damage, impair or disable the Website and/or Content or any user's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, adware or other malicious code. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security related features of the Website and/or Content or features that prevent or restrict the use or copying of any content accessible through the Website and/or Content. You agree that you will not attempt to gain unauthorized access to the Website and/or Content or any computer system or networks connected to the Website and/or Content, through hacking, password mining or any other means or interfere or attempt to interfere with the proper operation of the Website and/or Content. You agree not to use framing techniques to enclose trademarks, logos or other materials posted on the Website or use any of our META tags or other "hidden text" on the Website or contained in the Content without our express written permission. You agree not to make unsolicited offers, advertisements, spam and proposals to other users of the Website. You agree not to modify, adapt, translate or create derivative works based on the Website or any part thereof, except as permitted by the applicable open source license.
17.3 Any violation of the above terms is strictly prohibited and can result in the immediate revocation of any licenses granted to you to use the Website and may constitute violations of applicable law.
17.4 Use of the warpSpeed Open Website requires Internet access and will require a compatible device. warpSpeed Open may edit, or change the system requirements for the Website and the format of the content without notice or liability to its users at any time.
18. Violations of Terms of Use
If you breach any of the Terms of Use you may no longer use this Website. warpSpeed Open may, in its sole discretion, cancel or terminate your right to use this Website, or any part of this Website, at any time without notice. In the event of such cancellation or termination, you are no longer authorized to access this Website or that part of this Website affected by such cancellation or termination. In such an event, the restrictions imposed upon you by these Terms of Use shall still apply. warpSpeed Open shall not be liable, obligated or otherwise responsible to any party for damages arising from such cancellation or termination. warpSpeed Open reserves the right to seek all remedies available to it at law and in equity for violations of the Terms of Use.
19. Dispute Resolution
19.1 You agree that any causes of action arising out of or related to these Website Terms or your use of the Website must formally commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently prohibited.
19.2 Class Action Waiver - You agree that any arbitration or court proceeding shall be limited to the Dispute between us and you, individually. To the full extent permitted by law, (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Your use of this website constitutes your acknowledgement that you have read these terms of use, the privacy policy, and that you understand the nature and consequences of the same, and agree to be bound by all of the terms, conditions and provisions contained therein. If at any time you do not agree to these terms of use, please immediately stop using our website.
