This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: April 24, 2020.
1. Acceptance of Terms
The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
The Service is available only to individuals who are at least the legal age in their jurisdiction. You represent and warrant that if you are an individual, you are of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
3. Rules and Conduct
• infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
• you know is false, misleading, or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
• constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
• is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
• impersonates any person or entity, including any employee or representative of the Company.
• Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
• You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
• Project Creators agree to not abuse other users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Project Creator’s Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Project Creator’s Project.
4. Registration and Account Security
OpenSourceLiving users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on OpenSourceLiving, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal timeline primarily for your own commercial gain.
5. You will not use OpenSourceLiving if you are under 13.
6. You will not use OpenSourceLiving if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account to anyone without first getting our written permission.
If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.
5. Sharing Your Content and Information
You own all of the content and information you post on OpenSourceLiving, and you can control how it is shared through your privacy and application settings. In addition:
1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with OpenSourceLiving (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of OpenSourceLiving, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about OpenSourceLiving, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep OpenSourceLiving safe, but we cannot guarantee it. We need your help to keep OpenSourceLiving safe, which includes the following commitments by you:
1. You will not post unauthorized commercial communications (such as spam) on OpenSourceLiving.
2. You will not collect users’ content or information, or otherwise access OpenSourceLiving, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on OpenSourceLiving.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on OpenSourceLiving.
10. You will not use OpenSourceLiving to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working or appearance of OpenSourceLiving, such as a denial of service attack or interference with page rendering or other OpenSourceLiving functionality.
12. You will not facilitate or encourage any violations of this TOU or our policies.
7. Intellectual Property
By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
• The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) the Company’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
• You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
• You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
• You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant OpenSourceLiving all of the license rights granted herein.
• The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
• All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
• The Company will not be liable for any errors or omissions in any Content.
• The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
• All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, OpenSourceLiving has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. OpenSourceLiving also may terminate User accounts even based on a single infringement.
8. Copyright Notifications
OpenSourceLiving will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify OpenSourceLiving’s Copyright Agent. You can also submit a notification by emailing us at copyright@OpenSourceLiving.Org. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site, sufficient for OpenSourceLiving to locate the material;
• your address, telephone number, and email address;
• a 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; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify OpenSourceLiving’s Copyright Agent in writing by emailing us at copyright@OpenSourceLiving.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
• a physical or electronic signature of the user of the Services;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• the subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Our designated copyright agent for notice of alleged copyright infringement can be reached at:
ATTN: Copyright Agent
1920 Hillhurst Avenue, #400
Los Angeles, CA 90027
9. Campaigns: Fundraising
OpenSourceLiving is also a platform where Project Creators run campaigns to fund creative projects by offering rewards to raise money from Backers. By creating a fundraising campaign on OpenSourceLiving, you as the Project Creator are offering the public the opportunity to enter into a contract with you. By backing a fundraising campaign on OpenSourceLiving, you as the Backer accept that offer and the contract between Backer and Project Creator is formed. OpenSourceLiving is not a party to that agreement between the Backer and Project Creator. All dealings are solely between Users.
By backing or creating a fundraising campaign on OpenSourceLiving, you agree to be bound by this entire Agreement, including the following terms:
• Backers agree to provide their payment information at the time they pledge to a campaign. The payment will be collected as soon as it has been pledged and the amount Backers pledge is the amount they will be charged.
• Backers consent to OpenSourceLiving and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds.
• Backers agree to have sufficient funds or credit available at the campaign deadline to ensure that the pledge will be collectible.
• The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Project Creator hopes to fulfill by.
• If a reward is offered, Project Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
• For all campaigns, OpenSourceLiving gives to the Project Creator each Backer’s User ID and pledge amount. For successful campaigns, OpenSourceLiving additionally gives to the Project Creator each Backer’s name and email.
• Where applicable, the Project Creator needs further information from Backers, such as a mailing address or t-shirt size, to enable the Project Creator to deliver rewards if they are offered. The Project Creator shall request the information directly from Backers at some point after the fundraising campaign is successful. To receive the reward, Backers agree to provide the requested information to the Project Creator within a reasonable amount of time.
• OpenSourceLiving does not offer refunds. A Project Creator is not required to grant a Backer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the reward.
• Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill.
• Project Creators may cancel or refund a Backer’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
• Because of occasional failures of payments from Backers, OpenSourceLiving cannot guarantee the receipt by Project Creators of the amount pledged minus fees.
• OpenSourceLiving and its payments partners will remove their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
• OpenSourceLiving reserves the right to cancel a pledge at any time and for any reason.
• OpenSourceLiving reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. OpenSourceLiving is not liable for any damages as a result of any of those actions. OpenSourceLiving’s policy is not to comment on the reasons for any of those actions.
• Project Creators should not take any action in reliance on having their project posted on the Site or having any of the money pledged until they have the ability to withdraw and spend the money.
OpenSourceLiving is not liable for any damages or loss incurred related to rewards or any other use of the Service. OpenSourceLiving is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. OpenSourceLiving does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release OpenSourceLiving, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
10. Marketplace: Buying and Selling
1. Through the Sites, OpenSourceLiving.Org provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. OpenSourceLiving.Org additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites subject to the items as set forth in Section 11 below. However, for any Services, OpenSourceLiving.Org does not represent either the seller or the buyer in specific transactions. OpenSourceLiving.Org does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
2. Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. OpenSourceLiving.Org uses several techniques to verify the accuracy of certain information our Users provide us when they register for membership service on the Sites. However, because user verification on the Internet is difficult, OpenSourceLiving.Org cannot and does not confirm each User’s purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
3. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Sites or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Sites. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Sites as a result of purchase and sale transactions in connection with using the Sites may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”. Each User agrees that OpenSourceLiving.Org shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
4. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
5. User agrees to provide all information and materials as may be reasonably required by OpenSourceLiving.Org in connection with your transactions conducted on, through or as a result of use of the Sites or Services. OpenSourceLiving.Org has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
6. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify OpenSourceLiving.Org (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
11. Services Agreement: Transactions between Buyers and Sellers
1. For the purpose of this Section, the term “Seller” means the registered member who supplies the product(s) or service(s) under an Online Transaction, and the term “Buyer” means the registered member who purchases or acquires the product(s) or service(s) under an Online Transaction.
2. Seller and Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable standard order form on the OpenSourceLiving.Org Sites. Seller and Buyer yourselves shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order form, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping etc. OpenSourceLiving.Org may refuse to process or cancel any Online Transaction which in OpenSourceLiving.Org’s reasonable opinion, has insufficient information to constitute a binding contract.
3. An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement and the Transactional Terms. Seller and Buyer shall complete the Online Transaction according to the terms of the online order, the relevant Transactional Terms and this Agreement. Seller or Buyer may only cancel any Online Transaction according to the relevant Transactional Terms.
4. Each Online Transaction is made by and between a Seller and a Buyer only. Despite that OpenSourceLiving.Org provides the Transaction Services and, if applicable, may conduct formality review of an Online Transaction, OpenSourceLiving.Org shall not be considered as a party to the Online Transaction. OpenSourceLiving.Org does not represent Seller or Buyer in any Online Transaction. OpenSourceLiving.Org will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction or the ability of either Seller or Buyer to complete any Online Transaction. You agree that you will not hold OpenSourceLiving.org and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction.
5. For any Online Transaction, Buyer agrees to pay the full transaction price of the Online Transaction in clear funds to the Seller by transmitting funds to the bank accounts or other accounts in the name of OpenSourceLiving registered with banks or another payment service provider by using one of the payment methods both designated by OpenSourceLiving.Org on the OpenSourceLiving.Org Sites in US dollar or any other currencies as supported by OpenSourceLiving from time to time. Seller agrees that the Buyer’s full payment of the transaction price under the Online Transaction to OpenSourceLiving constitutes final payment to Seller and Buyer’s payment obligation under the Online Transaction is fully satisfied upon receipt of funds by OpenSourceLiving at its payment account described above. In the case the Online Transaction adopts Payment Services, the funds will be monitored and held by OpenSourceLiving as instructed by OpenSourceLiving.Org. OpenSourceLiving shall not dispose any such fund except in accordance with OpenSourceLiving’s instructions as set out in the terms and conditions of this Agreement and the Payment Services Agreement. You agree that neither Buyer nor Seller will receive interest or other profits in relation to the Service. OpenSourceLiving is not holding any funds on behalf of Buyer, or in any escrow or trust relationship. Seller has requested that the settlement of funds to Seller be delayed as provided in the Payment Services Agreement.
6. Please note that the payment methods available on the OpenSourceLiving.Org Sites are provided by OpenSourceLiving.Org’s partners. If there is any chargeback or reversal of any payment requested by a payment service partner, Seller agrees that OpenSourceLiving.Org has the right to refund the money so requested by the payment service partner without liability to Seller. OpenSourceLiving.Org will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant payment service partners. However, if the participation in the dispute resolution process is subject to additional fees, this will be at your own cost only.
7. You may engage one or more third party vendors for the purpose of completing and fulfilling an Online Transaction such as the warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, etc. Some of such third party vendors may be partners of OpenSourceLiving.Org and thus designated by OpenSourceLiving.Org to you. Among such designated partners, you may be required to agree and accept the terms and conditions of their services online within the OpenSourceLiving.Org Sites. Notwithstanding the foregoing circumstances, for all third party vendors, you acknowledge and agree that such third party vendors are engaged at your own discretion and cost and that you will not hold OpenSourceLiving.Org and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such third party vendors.
8. If you are required to conclude and complete an Online Transaction through an agent e.g. a Seller may be required to engage a qualified import and export agent as its export agent, such agent is merely an agent of you. If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent.
9. If you are required to conclude and complete an Online Transaction through an agent e.g. a Seller may be required to engage a qualified import and export agent as its export agent, such agent is merely an agent of you. If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent.
12. Fees and Payments
Joining OpenSourceLiving is free. However, we ask for donations to use certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. By using a service that has a fee you agree to donate to OpenSourceLiving the fee amount. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for paying all fees and taxes associated with your use of the Service. Our payments processors will also apply their own payment processing fees (roughly 3-5%). Funds that are collected by Paypal, Authorize.Net, Coinbase, or BitPay are processing fees that are charged independently by those payment processing providers. OpenSourceLiving is not responsible for the performance of Paypal, Authorize.Net, Coinbase, BitPay, or any other payments processor we may contract with.
OpenSourceLiving asks for donations as a percentage to all funds collected or otherwise exchanged through the Site. The complete breakdowns of these donations are as follows:
|OpenSourceLiving Donation for Crowdfunding:||between 0 – 8% of total transaction amount|
|OpenSourceLiving Donation for Marketplace:||between 0 – 8% of total transaction amount|
|OpenSourceLiving Donation for Tickets:||$0.99 + between 0 – 8% of total transaction amount|
Electronic payment processing providers are responsible for the authorization and settlement of funds exchanged via our Services. The complete breakdowns of their processing fees are as follows:
|| 1% BTC per transaction
13. Third Party Sites
The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
14. Brand Usage
The OpenSourceLiving brand includes the words, phrases, symbols and designs that are associated with OpenSourceLiving and the services OpenSourceLiving provides.
• Keep enough space around OpenSourceLiving brand assets so they appear clean and uncluttered.
• Follow other OpenSourceLiving terms and policies.
• Use the OpenSourceLiving brand in a way that implies partnership, sponsorship or endorsement
• Combine any part of the OpenSourceLiving brand with your name, marks or generic terms
• Use trademarks, names, domain names, logos or other content that imitates or could be confused with OpenSourceLiving
• Present OpenSourceLiving in a way that makes it the most distinctive or prominent feature of what you’re creating
• Use any icons, images or trademarks to represent OpenSourceLiving other than what is found on this resource center
• Assert rights over the OpenSourceLiving brand whether by trademark registration, domain name registration or anything else
• Modify OpenSourceLiving brand assets in any way, such as by changing the design or color
15. Content and License
You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
The Company grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
16. Mobile and Other Devices
1. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on OpenSourceLiving.
17. Special Provisions Applicable to Social Plugins
If you include our Social Plugins, such as the Share or Like buttons on your website, the following additional terms apply to you:
1. We give you permission to use OpenSourceLiving’s Social Plugins so that users can post links or content from your website on OpenSourceLiving.
2. You give us permission to use and allow others to use such links and content on OpenSourceLiving.
3. You will not place a Social Plugin on any page containing content that would violate this TOU if posted on OpenSourceLiving.
18. About Advertisements and Other Commercial Content Served or Enhanced by OpenSourceLiving
Our goal is never to deliver advertising or other commercial or sponsored content to our users. In order to help us do that, we ask that you help with the following:
1. Support OpenSourceLiving.Org.
OpenSourceLiving does from time to time enter into arrangements with other organizations which are beneficial to site members through offerings of discounted products and offerings without any financial benefit to OpenSourceLiving. As a result of said arrangements, OpenSourceLiving may at times depict the brand and subsequent link to organization by cause marketing means through the site.
1. Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on the OpenSourceLiving Announcements Group) and an opportunity to comment on changes to this TOU.
2. If we make changes to policies referenced in or incorporated by this TOU, we may provide notice on the OpenSourceLiving.Org Announcements Group.
3. Your continued use of OpenSourceLiving following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this TOU, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of OpenSourceLiving to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this TOU shall terminate, but the following provisions will still apply: 4, 5.2, 5.4, 6, 7, 17.2, and 20-24.
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this TOU or OpenSourceLiving exclusively in the U.S. District Court for the District of Nevada or a state court located in Clark County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Nevada will govern this TOU, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
2. If anyone brings a claim against us related to your actions, content or information on OpenSourceLiving, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on OpenSourceLiving and are not responsible for the content or information users transmit or share on OpenSourceLiving. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on OpenSourceLiving. We are not responsible for the conduct, whether online or offline, or any user of OpenSourceLiving.
3. WE TRY TO KEEP OPENSOURCELIVING UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING OPENSOURCELIVING AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OPENSOURCELIVING WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT OPENSOURCELIVING WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. OPENSOURCELIVING IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR OPENSOURCELIVING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR OPENSOURCELIVING WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OPENSOURCELIVING’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
22. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with OpenSourceLiving outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on OpenSourceLiving (such as advertising or payments) or operate an application or website. You will not use OpenSourceLiving if you are prohibited from receiving products, services, or software originating from the United States.
1. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with OpenSourceLiving.
2. By “content” we mean anything you or other users post on OpenSourceLiving that would not be included in the definition of information.
3. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from OpenSourceLiving or provide to OpenSourceLiving through any means.
4. By “post” we mean post on OpenSourceLiving or otherwise make available by using OpenSourceLiving.
5. By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
6. By “active registered user” we mean a user who has logged into OpenSourceLiving at least once in the previous 30 days.
7. By “application” we mean any application or website that uses or accesses OpenSourceLiving.Org, as well as anything else that receives or has received data from us. If you no longer access OpenSourceLiving.Org but have not deleted all data from us, the term application will apply until you delete the data.
8. By “transaction services” we mean OpenSourceLiving’s online transaction platform and ancillary services.
9. By “transactional terms” we mean OpenSourceLiving’s publishing of transaction rules, dispute rules and other rules and policies for any type of online transactions and any subsequent amendments or modifications as may be made from time to time.
10. By “online transaction” we mean the act of accepting, concluding, managing and fulfilling orders for the provision of products and services online within the Sites.
24. General Provisions
1. Subject to any Additional Agreements, the Terms constitute the entire agreement between you and OpenSourceLiving.Org with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein. If you are a resident of or have your principal place of business in the US or Canada, this TOU is an agreement between you and OSL ENTERPRISES, LLC. References to “us,” “we,” and “our” mean either OSL ENTERPRISES, LLC, as appropriate.
2. OpenSourceLiving.Org and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
3. This TOU makes up the entire agreement between the parties regarding OpenSourceLiving, and supersedes any prior agreements.
4. If any portion of this TOU is found to be invalid or unenforceable, the remaining portion will remain in full force and effect.
5. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
6. OpenSourceLiving.Org’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of OpenSourceLiving.Org’s right to act with respect to subsequent or similar breaches.
7. Any amendment to or waiver of this TOU must be made in writing and signed by us.
8. You may not assign, in whole or part, the Terms to any person or entity nor will you transfer or attempt to transfer any of your rights or obligations under this TOU to anyone else without our consent.
9. OpenSourceLiving.Org shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms) to any person or entity (including any affiliates of OpenSourceLiving.Org) in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
10. If you are from outside of the United States of America, The Terms shall be governed by the laws of the United States of America without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of the United States of America.
11. Nothing in this TOU shall prevent us from complying with the law.
12. This TOU does not confer any third party beneficiary rights.
13. We reserve all rights not expressly granted to you.
14. You will comply with all applicable laws when using or accessing OpenSourceLiving.
Amended Terms for State and Local Governments in the United States
If you are a state or local government or government agency in the United States (“You”), and You are using OpenSourceLiving in your official capacity (“Official Use”), the following terms apply solely to such use and all other terms remain in effect:
You and OpenSourceLiving will endeavor to resolve any disputes in an amicable fashion.
Section 22.1 of the TOU does not apply to your Official Use.
3. Governing Law
Section 22.1 of the TOU does not apply to your Official Use.
If you are a state government or state government agency in the United States:
Section 22.2 of the TOU will apply to You only to the extent expressly permitted by your jurisdiction’s laws.
If you are a local government or local government agency in the United States:
Section 22.2 of the TOU will apply to You only to the extent permitted by your jurisdiction’s laws.
5. Disclaimer Requirement
If you have an official website, your page must contain, in a prominent location: “If you are looking for more information about [Government Entity], please visit [website URL].”