1. Acceptance of Terms
By using this web site, you agree to be bound by these terms and conditions of use ("Terms"). If you do not agree to these Terms, please do not use this web site. We provide the information and services on this web site to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of this web site constitutes your agreement with such Terms.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to this web site. Your continued use of this web site following the posting of changes to these Terms will mean that you accept those changes.
To update the Terms, we will both post the changed version and its effective date at http://www.langbein.org/terms. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this web site or any Service thereon (or any part thereof). We shall not be liable to any user or other third party for any such modification, suspension or discontinuance.
2. No Unlawful or Prohibited Use
By using this web site, you warrant to us that you will not use this web site, or any of the content obtained from it, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use this web site automatically terminates.
3. Description of Service
This web site, the personal home page of Frank C. Langbein, is owned an operated by Frank C. Langbein. Even if the School of Computer Science at Cardiff University provides the resources for this web site, the material and services provided were selected solely by Frank C Langbein. This web site has been created to support various teaching, research, free software development efforts and other content as approved by Frank C Langbein (the Purpose). It is Frank C Langbein's sole decision of what content should be available on this site, and this may change any time.
To use this web site each user must independently obtain access to the Internet/World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.
4. Registration Obligations
If required each user must: (a) provide true, accurate, current and complete information on the registration form (the Registration Data) and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of this web site (or any portion thereof) by that user.
Each user will receive a password and account designation upon completing the registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. We cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify us of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
We handle user Registration Data in accordance with our Privacy Policy accessible at http://www.langbein.org/privacy.
5. Content
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (the Content), whether publicly posted on or privately transmitted via this site, are the sole responsibility of the person from which such Content originated. This means that the user is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via this web site. No user shall transmit Content or otherwise conduct or participate in any activities on this web site which, in the judgment of the operators of this web site, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.
We will not pre-screen or review Content, but we reserve the right to refuse or delete any Content of which we become aware that it reasonably deems not to fulfill the Purpose. In addition, we shall have the right (but not the obligation) in our sole discretion to refuse or delete any content that it reasonably considers to violate the Terms or be otherwise illegal.
We, in our sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect our rights, property or personal safety, our users and the public. We do not control the Content posted via this web site and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via this web site.
Each user, by using this web site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. Licencing and Other Terms Applying to the Content
Use, reproduction, modification, and other intellectual property rights to any data stored on this web site posted by any user shall be subject to a licence approved by the owners of this web site. A suitable licence may be selected when submitting the data to this web site. If no licence is selected, the content will automatically be covered by this web site's default licence, the Attribution-NonCommercial-ShareAlike Creative Commons licence available at http://creativecommons.org/licenses/by-nc-sa/2.0/uk/. Depending on the section of this web site the data is submitted to and the type of data, the user may select alternative creative commons licences or a GNU licence as offered by the submission form. If no licence selection is offered, the default licence applies.
With respect to text, code or data entered into and stored on this web site such as messages to forums, files in SVN repositories, and issues, the submitting user retains ownership of such Content. The submitting user grants us the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable approved licence, which has been selected during submission of the data.
7. No Resale
You agree not to sell, resell or offer for any commercial purposes, any portion of this web site, the use of it or access to it.
8. General Practices Regarding Use and Storage
We may establish general practices and limits concerning use of this web site. While we will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content of this site. We reserve the right to mark as inactive and archive or delete accounts and/or projects and/or content that are inactive for an extended period of time. We reserve the right to change these general practices in our sole discretion, with notice to users and the public as described in Section 1 above.
9. Termination
We may terminate a user's account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of this web site in a manner inconsistent with the Purpose; (4) a user's request for such termination; and (5) requirement of applicable law, regulation, court or governing agency order.
Our termination of any user's access to this site may be effected without notice and, on such termination, we may immediately deactivate or delete user's account and/or bar any further access to such files. We shall not be liable to any user or other third party for any termination of that user's access or account hereunder.
Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with this web site.
10. Links
We or a third party may provide links to other web sites. We exercise no control whatsoever over such other web sites and web-based resources and we are not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. We shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of web sites linked to this web site, including information, material, products and services therein, is solely at your own risk.
Our Privacy Policy is applicable only when you are on this web site. Once you choose to link to another website, you should read that website's privacy policy before disclosing any personal information.
11. Indemnity
Each user shall indemnify, defend and hold harmless the owners, operators and administrators of this web site, and any party providing the resources for this web site, and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of this web site; his or her submission, posting or transmission of Content or his or her violation of the Terms.
12. Disclaimer of Warranties
Eeach user's use of this web site is at his or her sole risk. This web site and its content are provided on an "as is" and "as available" basis and we do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, personalisation settings or any other data submitted to this site. Each user will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any such material. We expressly dislcaim all warranties of any kind, whether expressed or implied, incluindg, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringmenet. Specifically, we make no warranty that (i) this web site will meet your requirements, (ii) any user access will be uninterrupted, timely, secure or error-free, (iii) the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations, and (iv) any errors in the software will be corrected. We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from any user's use or inability to use this web site; the cost of procurement of substitute services; unauthorised access to or alteration of your transmissions or data; statements or conduct of any third party on this web site; or any other matter relating to this web site. 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 or other person or entity nor do these terms of service extend rights to any third party. As noted above, we do not and cannot control the actions of our users, visitors or linked third parties. We reserve the right to report any malfeasance that comes to our attention to the appropriate authorities. We do not guarantee continuous uninterrupted or secure access to this web site. Operation of this web site may be subject to interference from numerous factors ourside our control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the web site. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behaviour, negligence or any other course of action by us.
13. No Liability
In no event shall we, the owners, operators and administrators of this web site or any party providing the resources for this web site be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with this web site or this agreement (however arising, includig negligence).
14. Release
In the event that you have a dispute with one or more of our users, you release us 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.
15. Intellectual Property
We respect the intellectual property rights of others, and require that the people who use this web site do the same. Products or other specific names may be registered or unregistered trademarks of their respective owners. With the publication of any data on this site, no harm to any copyright is meant: if you suspect some content should not be available here for reasons concerning copyright infringements and intellectual property rights, please contact us at webmaster@langbein.org providing suitable details presenting your case. If we receive such a claim, we reserve the right to refuse or delete the respective content.
16. General Information
The Terms constitute the entire agreement between each user and us and govern each user's use of the Service, superseding any prior agreements. 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.
Copyright © 2004-2008 Frank C Langbein.
This work is licensed under a Creative Commons License.
