Terms of use
Effective as of February 17, 2011
Welcome to Source code management tools!
Source code management tools, ("Source code management tools," "we," "us") provides an information service, as described in more detail below (the "Services"), through our website accessible at www.sourcecodemanagementtools.com (the "Site"). Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and Source code management tools. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
Services.
Modification of the Site or Terms of Service. Source code management tools reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Service without notice. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your Source code management tools account. By continuing to access or use the Site and Services after we have notified you of the changes, you agree to be bound by such changes.
Content.
Certain types of content are made available through the Site. "Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the Site, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files and other content and information which Members stream, post, upload and otherwise submit to the Site, including without limitation in Member created profile pages. Source code management tools reserves the right to remove and permanently delete any Content or User Submissions from the Site without notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails or other materials that are believed to violate these Terms of Service.
Third Party Links.
The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that Source code management tools is not responsible or liable for the availability or accuracy of, and Source code management tools does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Source code management tools to terminate your access to the Site if you infringe the copyright rights of others upon receipt of proper notification to Source code management tools by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
What You must NOT do.
The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content; (b) Upload, stream, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (c) Use any meta tags or other hidden text or metadata utilizing a Source code management tools name, trademark, URL or product name; (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any Member or other user to the Site or the Services; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (f) Attempt to probe, scan or test the vulnerability of any Source code management tools system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; (g) Unless to the extent permitted under applicable laws, attempt to decipher, decompile, disassemble, reverse engineer, or otherwise try to discover or determine the source code of any software or any proprietary algorithm used to provide the Services or the Analytical Tools, including by running multiple tests on such Analytical Tools; (h) use the Services to collect or store personal data about other users without their express permission; (j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; (k) Make any representation or warranty regarding the accuracy or reliability of the Results; (l) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
What Source code management tools is NOT responsible for.
YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. Source code management tools EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Source code management tools DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Source code management tools, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IMPORTANT! WE DO NOT PROVIDE ANY TAX, LEGAL, ACCOUNTING OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR SUCH ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION OR OPINION ON THE SITE TO MAKE ANY INVESTMENT DECISION.
Limitation of Source code management tools's Liability.
IN NO EVENT WILL Source code management tools, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Source code management tools HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL Source code management tools'S CUMULATIVE LIABILITY TO YOU EXCEED $10.
What You will indemnify Source code management tools from.
You agree to defend, indemnify, and hold Source code management tools, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
General.
These Terms of Service shall be governed by the internal substantive laws of Romania, without respect to its conflict of laws principles. Any claim or dispute between you and Source code management tools that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Romania. These Terms of Service shall constitute the entire agreement between you and Source code management tools concerning the Site and the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Source code management tools's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Beta Version.
From time to time Source code management tools may conduct open beta tests (each a "Beta") of existing or new features or versions of the Service (each a "Beta Service"). If you choose to register for a Beta, your participation is subject to the additional terms of this Section. You understand that the overall design of the Beta Service could change throughout the course of the Beta and that Source code management tools reserves the right to change or withdraw the Beta Product, discontinue the Beta, revoke your license to the Beta, or release the Beta Service as a final version at any time in its sole discretion. You agree to record and report all problems, issues, ideas, feedback and suggestions for enhancements to the Beta Service ("Feedback") to Source code management tools on a timely basis to the email address that will be provided to you along with beta testing materials, and during the Beta period, you will not speak to the press (including Internet press, e.g., blogs) regarding the Beta or the Beta Service, without our prior written consent. You hereby assign all right title and interest in and to your Feedback to Source code management tools and/or its affiliates, as applicable, and acknowledge that Source code management tools and/or its affiliates have the unrestricted right to use and exploit such Feedback in any manner, with or without attribution, and without compensation or any duty to account to you for such use.