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LiMo Foundation, Inc. ("Foundation") provides this Web site to you, subject to the Terms of Use.

 

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
THESE TERMS MAY BE REVISED PERIODICALLY, AND BY USING THIS WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS BELOW.
Welcome, and thank you for visiting LiMoFoundation.org.  This website is owned and operated by LiMo Foundation (the “Foundation”).  If you have any questions regarding the Foundation, the LiMoFoundation.org website, or these Terms of Use (the “Terms”), please email your inquiry to Esta dirección de correo electrónico está protegida contra los robots de spam, necesita tener Javascript activado para poder verla
The LiMoFoundation.org website, and all related webpages and websites owned and operated by the Foundation and linked with LiMoFoundation.org, (collectively the “Site”), and all of the information, communications, software, Application Programming Interfaces (“APIs”), scripting, photos, text, video, graphics, music, sounds, images, trademarks, logos and other content on the Site (collectively the “Content”), is intended solely for lawful use in accordance with these Terms.
Given the global reach of the Internet, the Site and the Content may not be appropriate or available for use in your location.  The Foundation makes no representation or warranty regarding the availability or legality of the Site or the Content in your location, or regarding the accuracy of the non-English translations presented on the Site.  You agree that you are accessing and using the Site at your own risk and that you alone are responsible for ensuring that you are fully in compliance with all applicable laws, regulations and rules (including but not limited to your jurisdiction’s export and re-export control laws).
The Foundation reserves the right in its sole discretion to refuse or terminate your access to the Site and/or the Content at any time.

TRADEMARKS AND SERVICE MARKS:

There are a number of proprietary logos, designs, service marks, trademarks, slogans and product designations found on this Site that are the property of the Foundation or other owners (collectively the “Marks”), including but not limited to the marks LIMO and LIMO FOUNDATION.  None of the Marks may be used as a hyperlink or otherwise without the Foundation’s prior written permission, and the fact that the Marks appear on the Site does not grant you a license to use any of the Marks.

RESTRICTIONS ON USE OF CONTENT:

The Content is owned or licensed to the Foundation unless stated otherwise on the Site, and the Content (including the individual elements of the Content as well as the selection, coordination and arrangement of the Content) is protected internationally by a variety of laws, including but not limited to copyright, trademark and patent laws as well as other proprietary rights laws.
You may access the Content solely for your personal, non-commercial use of the Site in accordance with these Terms and any guidelines or instructions displayed on the Site.  This permission to access the Content terminates automatically if you breach any of these Terms.  Also, certain portions of the Site, and certain Content, may be restricted such that access thereto is available only to certain users.  
No Content may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way without the written permission of the Foundation, except that you may:  (i) participate in blogs as detailed below in the “Blogs” section of these Terms; and (ii) download and use Content that the Foundation purposely and expressly makes available for download on the Site, provided that you (1) retain and keep intact all copyright and other proprietary notices, (2) use such Content only pursuant to any licenses associated with such Content, and (3) do not modify, sell or resell, decompile, reverse engineer, disassemble or otherwise convert any such Content.  As between you and the Foundation, all title and intellectual property rights in and to the Content, including software and APIs downloaded from the Site and all code, data, files and images contained in or generated by the software or APIs, remain with the Foundation.
In the event that the Foundation makes available through the Site a software file that the Site expressly states is subject to an open source software license (e.g., GPL, LGPL, Apache), the terms of that open source software license shall control if, and only to the extent that, there is any conflict between these Terms and the terms of that open source software license.  

OTHER PROHIBITED ACTIVITIES:

You are prohibited from violating, or attempting to violate, any of the Site’s security measures, including but not limited to access restrictions related to the Site.  Any such violations or attempted violations may result in criminal and/or civil penalties against you (in addition to the automatic termination of your permission to access the Content).  
In using the Site, including any blogs thereon, you further agree not to:

  • Post, send or otherwise transmit any unlawful, infringing, harmful, harassing, libelous, defamatory, threatening, hateful, obscene, violent, offensive, scandalous, inflammatory, pornographic, profane or otherwise objectionable material of any kind, any other material that could give rise to any civil or criminal liability under applicable laws, any material that can cause harm or delay to the Site or computers of any kind, or any advertising, solicitation or promotional materials;
  • Post, send or otherwise transmit any material that you do not have the right to post, send or transmit under applicable laws, or that would constitute a violation of your obligations to any other person or company;
  • Impersonate any person or misrepresent your identity or affiliation in any way;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; post photos or images of another person without that person’s consent; use racially, ethnically, or otherwise offensive language; coordinate or incite illegal activity; use obscene language; or solicit or post actual or simulated sexually explicit images;
  • Restrict, discourage or inhibit any person from using the Site; disclose another person’s personal information on the Site or obtained from the Site; or collect or harvest information (including but not limited to user names and email addresses) about any users of the Site;
  • Intentionally seek information on, gain unauthorized access to, obtain copies of, or modify files, other data or passwords belonging to other users without their permission; or solicit a user’s password or other account information;
  • Post, send or otherwise transmit information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Gain unauthorized access to the Site or to other computers or websites connected or linked to the Site;
  • Launch or use any automated system (including but not limited to “robots,” “spiders” or “offline readers”) that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through the Site, or to the Foundation, any “spamming” or “phishing” messages, or any messages advertising any goods or services;
  • Transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may, or is intended to, damage or hijack the operation of any hardware, software, website or telecommunications equipment;
  • Violate any applicable laws or regulations or these Terms; or
  • Assist any person with engaging in any of the activities described above.

SUBMISSION OF INFORMATION:

Although the Foundation may provide certain encryption to help protect the electronic transmission of certain types of information submitted through the Site, the Foundation cannot and does not guarantee the security of information transmitted to or from the Site.  You should therefore use caution before transmitting, posting or submitting any information.
For additional details regarding confidentiality and privacy protection relating to the Site, please see the Foundation’s Privacy Policy at http://www.limofoundation.org/en/privacy-policy.html (the “Privacy Policy”), the terms and conditions of which are hereby incorporated by this reference.
Your personally identifiable information that you transmit or submit to the Foundation or through the Site shall be treated in accordance with the Foundation’s Privacy Policy.  Except with respect to certain personally identifiable information (e.g., credit card numbers and social security or other identification numbers) as explained in the Privacy Policy, you hereby grant the Foundation, its affiliates and its partners an unrestricted, worldwide, royalty-free, irrevocable, nonexclusive and sublicensable license to use, reproduce, publicly or privately display, publicly or privately perform, modify, create derivative works of, transfer, transmit and/or distribute, in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others, any material or information that you post to, or transmit or submit through, the Site.  You agree that the Foundation is free to use, for any purpose whatsoever and without compensation to you or others, any ideas, concepts, know-how or techniques that you post to, or transmit or submit through, the Site.
You are responsible and liable for any of your submissions to the Foundation or through the Site, and you agree, represent and warrant that such submissions are (i) truthful, accurate, and not misleading, (ii) offered in good faith, and (iii) permitted under the applicable laws and your obligations to other persons or companies. 

REGISTRATION:

There are portions of the Site that the Foundation makes freely available to users in the general public without any pre-registration requirement.  There are other portions and features of the Site for which the Foundation imposes a pre-registration requirement and/or that the Foundation makes available only to particular users, such as members of the Foundation.  The Foundation reserves the right to make changes to, and to restrict or make available, any portion of the Site at any time in its sole discretion and without prior notice.
If you register to use a portion or feature of the Site, you agree to provide true, accurate, current and complete information about yourself when registering, and to update such information whenever necessary to maintain the truth, accuracy and completeness of such information.  You may have only one active account on the Site, and only you may use your account to access the Site.  You agree to exit from your account at the end of each session.  You agree to promptly notify the Foundation of any unauthorized use of your email address, password or other account information for the Site, or of any other breach of security relating to the Site or of these Terms of which you become aware, by emailing the Foundation at Esta dirección de correo electrónico está protegida contra los robots de spam, necesita tener Javascript activado para poder verla
The Foundation has the right, in its sole discretion, to suspend or terminate your account and/or your use of the Site for any reason.  The Foundation expressly disclaims liability for any and all claims, losses and damages arising from your failure to comply with the terms and conditions of this “Registration” section.

BLOGS:

The Foundation asks that you respect the Foundation’s online blog community and participating individuals, and that you use common sense and basic etiquette when using any blog on the Site.
You are solely responsible for all materials and information that you upload, post, email, transmit or otherwise make available on any blog on the Site (collectively “Your Content”), and you hereby certify that you either own all intellectual property rights in Your Content or have obtained the necessary authorizations to lawfully disclose Your Content on a blog on the Site. 
You agree not to post or transmit any material or information that is unrelated to the subject matter of the blog posting or that violates any other provisions of these Terms.
The Foundation does not directly control any content that other parties post on blogs on the Site.  Accordingly, the Foundation does not endorse or guarantee the accuracy, integrity or quality of such content.  You understand that by using any blog on the Site, you may be exposed to content that is false, offensive, indecent or otherwise objectionable.  Under no circumstances will the Foundation, its members, directors, officers, directors or employees be held liable for any claim, loss or damage arising out of or relating to your receipt of, or reliance on, information or material viewed or obtained through any blog on the Site.  It is your responsibility to evaluate the information, opinion, advice, or other content made available through any blog on the Site.
The Foundation reserves the right to investigate and take legal action against anyone who, in the Foundation’s sole discretion, violates these Terms, including but not limited to removing any offending blog profile information or submissions and/or terminating your access to the Site or any blog thereon.

PRIVACY POLICY; CHILDREN UNDER 13 PROHIBITED:

As referenced above, the Foundation’s collection and use of personally identifiable information is subject to the Foundation’s Privacy Policy which can be viewed at http://www.limofoundation.org/en/privacy-policy.html.
The Site is intended for use by persons over the age of 13, and the Foundation does not seek to collect information about children under the age of 13.  If you are under 13 years of age, you may not use or access the Site at any time or in any manner.  By using the Site, you confirm that you are over the age of 13.  The Foundation encourages parents to take an active role in their children’s use of the Internet and to inform them of the potential dangers of providing personal information through the Internet.

LINKS TO THIRD PARTY WEB SITES:

As you view the Site, you may notice links to websites belonging to persons and companies other than the Foundation (“Third-Party Links”).  Third-Party Links are for convenience only.  If you use any Third-Party Links, please pay close attention to the web address for the webpage that you are viewing because you may be leaving the Site. 
Websites other than the Site reached via Third-Party Links (“Third-Party Sites”) may make use of the Foundation’s intellectual property (e.g., copyrights, trademarks, service marks, logos and trade names) under license from the Foundation.  Despite that licensed use, the Foundation makes no promises or representations whatsoever about any website other than the Site, including any Third-Party Sites.  The Foundation is not responsible or liable for the availability or content, advertising, products, services or other materials of any of the Third-Party Sites or for any viruses or other damaging elements encountered through those Third-Party Sites or via the Third-Party Links. 
The existence of Third-Party Links is not, and should not be interpreted by you as, an endorsement or approval by the Foundation of any entity related to or affiliated with a Third-Party Site or any products or services offered on, or related to or affiliated with, any Third-Party Site.  These Terms do not apply to any websites other than the Site.

DISCLAIMER OF WARRANTY:

THE FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.  ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS RESULTING THEREFROM OR FROM YOUR USE OF THE SITE.  THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  SOME JURISDICTIONS DO NOT ALLOW SUCH EXCLUSIONS OR LIMITATIONS, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN YOUR JURISDICTION.

LIMITATION OF LIABILITY:

THE FOUNDATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE OR ANY OF THE CONTENT OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY IN YOUR JURISDICTION.  NOTWITHSTANDING THE FOREGOING, THE FOUNDATION’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SITE OR ANY CONTENT THEREOF, SHALL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO ACCESS THE SITE.

INDEMNITY:

You agree to indemnify, defend and hold the Foundation and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including but not limited to attorneys’ fees) and other expenses arising out of or relating to (i) your breach of any term or condition of these Terms; or (ii) your activities on or in connection with the Site.

TERMINATION:

You agree that the Foundation, in its sole discretion and for any reason, may immediately terminate or restrict your use of, or access to, the Site.  Upon any such termination, you must immediately destroy all Content that you obtained from the Site and all copies thereof.  The obligations and restrictions imposed on you through the provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, submissions, disclaimer and limitation of liability, indemnification and jurisdictional issues shall survive any such termination.  You agree that if your use of the Site is terminated pursuant to these Terms, you will not thereafter attempt to access or use the Site under any name; and you further agree that if you violate this restriction after such termination, you will indemnify and hold harmless the Foundation and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including but not limited to attorneys’ fees) and other expenses arising out of or relating to your unauthorized access or use.

GENERAL INFORMATION:

These Terms govern your use of the Site and supersede any separate agreements between you and the Foundation relating to the Site (unless such a separate agreement is in writing, is signed by you and the Foundation, and expressly states that it is not to be superseded by these Terms).  You may also be subject to additional terms and conditions set forth in the Content that may apply when you use or download software or APIs, transmit information or use other features or services on the Site.  If any provision of these Terms is deemed by a court of competent jurisdiction to be unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of all remaining provisions.  Access to the Site from jurisdictions where the Content is illegal (or otherwise prohibited or penalized) is prohibited.
By choosing to visit this Site or otherwise provide information to the Foundation, you agree that these Terms, and any dispute arising out of or relating to the Site or these Terms, will be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without regard to conflicts of laws principles.  You also consent to the exclusive jurisdiction and venue of the City of San Francisco, California, U.S.A. for the adjudication of any disputes arising out of or relating to the Site or these Terms.
Again, if you have any question regarding these Terms, the Site or the Foundation, please submit your question to Esta dirección de correo electrónico está protegida contra los robots de spam, necesita tener Javascript activado para poder verla   Thank you. 

Copyright © 2008 LiMo Foundation.  All Rights Reserved.
 

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