1. General Information Regarding These Terms of Use
Master terms: Welcome, and thank you for your interest in Open Up! (“Open Up!,” “OU!,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of our website.
The Master Terms also apply to all tools, products, information, and services provided through the Website.
Additional terms: In addition to the Master Terms, your use of the website may also be subject to specific terms applicable to a particular content (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant content.
Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and OU! in relation to your use of the website. Collectively, this legal agreement is referred to below as the “Terms.”
Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and OU!. The contract governs your use of all websites operated by OU!, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.
2. Your Agreement to the Terms
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING THE WEBSITE (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using the website you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the website. If you do not agree to the Terms, you are not authorized to use the website. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the website on behalf of that entity.
Human-readable summary of Sec 2: Please read these terms and only use our site and contents if you agree to them.
3. Changes to the Terms
From time to time, Open Up! may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the Website and notify those of you with a current Login Service account via email. All new and/or revised Terms take effect immediately and apply to your use of the webiste from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of the website after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.
4. No Legal Advice
Open Up! is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using our website does not constitute legal advice or create an attorney-client relationship.
Human-readable summary of Sec 4: Some of us are lawyers, but we aren’t your lawyer. Please consult your own attorney if you need legal advice.
5. Content Available
Provided as-is: You acknowledge that Open Up! does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the website. Under no circumstances is Open Up! liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via this website. You understand that by using it, you may be exposed to Content that is offensive, indecent, or objectionable.
You agree that you are solely responsible for your reuse of Content made available through the website, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.
Search Tools: On its Website, Open Up! provides website search tools, which return Content based on license information our search tools are able to locate and interpret. Those search tools may return Content that is not CC licensed, and you should independently verify the terms of the license and other copyright and attribution information attached to any Content you intend to use. We also offer tools, which rely upon data aggregated from publicly-available repositories of Content. We do not verify the attribution and licensing information it aggregates. You should independently verify the information before reuse. For the avoidance of doubt, we do not represent and warrant that the search tools display accurate or complete information, and you agree to independently verify before reuse. See Sections 10, 11, and 12 below for the full disclaimer and indemnification terms.
Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is licensed under CC BY 4.0 unless it says it is available under different terms. If you find content using our search, be sure to independently verify the license terms, attribution, and other copyright information before using it.
6. Content Supplied by You
Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the website (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Licensing Your Content: You retain any copyright that you may have in Your Content. You hereby agree that Your Content: (a) is hereby licensed under the Creative Commons Attribution 4.0 License and may be used under the terms of that license or any later version of a Creative Commons Attribution License, or (b) is in the public domain (such as Content that is not copyrightable or Content you make available under CC0), or (c) if not owned by you, (i) is available under a Creative Commons Attribution 4.0 License or (ii) is a file that is available under any Creative Commons license or that you are authorized by law to post or share through any of the website, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright. All of Your Content must be appropriately marked with licensing (or other permission status such as fair use) and attribution information.
Removal: we may, but are not obligated to, review Your Content and delete or remove Your Content (without notice) from the website in our sole discretion. Removal of any of Your Content from the website (by you or us) does not impact any rights you granted in Your Content under the terms of a Creative Commons license.
Human-readable summary of Sec 6: We do not take any ownership of your content when you post it on our sites. If you post content you own, you agree it can be used under the terms of CC BY 4.0 or any future version of that license. If you do not own the content, then you should not post it unless it is in the public domain or licensed CC BY 4.0, except that you may also post pictures and videos if you are authorized to use them under law or if they are available under any CC license. You must note that information on the file when you upload it. You are responsible for any content you upload to our sites.
7. Participating in the Community: Registered Users
By registering for an account you represent and warrant that you are the age of majority in your jurisdiction (typically age 18). Services offered to registered users are provided subject to these Master Terms, the Privacy Policy, and any Additional Terms specified, all of which are hereby incorporated by reference into these Terms.
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.
No Membership in CC: Creating a Login account does not and shall not be deemed to make you a member or affiliate of Open Up! for any purposes whatsoever.
Termination: Open Up! reserves the right to modify or discontinue your account at any time for any reason or no reason at all.
Human-readable summary of Sec 7: Please do not register for an account on our sites unless you are 18 years old. CC has the right to end your account at any time. You are responsible for use of your account. And of course, please do not set up an account for someone else unless you have permission to do so. Setting up an account doesn’t make you a member of OU!.
8. Prohibited Conduct
You agree not to engage in any of the following activities:
1. Violating laws and rights:
You may not (a) use this website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2. Solicitation:
You may not use this website or any information provided through it for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
3. Disruption:
You may not use this website in any manner that could disable, overburden, damage, or impair the website, or interfere with any other party’s use and enjoyment of the website; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the website, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Harming others:
You may not post or transmit Content on or through the website that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
You may not intimidate or harass another through the website; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the website.
5. Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the website;
You may not use or attempt to use another’s account or personal information without authorization; and
You may not attempt to gain unauthorized access to the website, or the computer systems or networks connected to the website, through hacking password mining or any other means.
Human-readable summary of Sec 8: Play nice. Be yourself. Don’t break the law or be disruptive.
9. Open Up! Educational network for Open Design (OU!)
By submitting your application to become a member of OU!, you acknowledge that you have read, understood, and, in the event you are accepted for membership, agree to be bound by the OU! charter, including the Code of Conduct and the policies referenced and incorporated therein. If you are admitted to the OU!, these terms and the OU! Charter shall govern your use of and participation in the OU!, including your participation in any forum operated by the OU!, such as platforms, chapters, and working groups. Note that your participation in such fora may also be governed by additional rules and guidelines for doing so. Please see Privacy Policy for more information about how your information (as an applicant, member, and voucher) will be used.
Human-readable summary of Sec 9: When you join the OU!, you agree to certain policies. Please read them before you apply.
10. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OU! OFFERS THE WEBSITE CONTENTS (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE website) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE CONTENTS, OR NON-INFRINGEMENT. OU! DOES NOT WARRANT THAT THE FUNCTIONS OF THE website WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE website WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY OU! ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OU! DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE WEBSITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
Human-readable summary of Sec 10: CC does not make any guarantees about the tools, services, or content available on the site.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OU! BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE CONTENTS IN THIS WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF OU! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OU! IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE CONTENTS, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH WEBSITE.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Human-readable summary of Sec 11: OU! is not responsible for the content on the site, your use of it, or for the conduct of others on our site.
12. Indemnification
To the extent authorized by law, you agree to indemnify and hold harmless OU!, its members, persons, schools, affiliates, and institutions from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your failure to verify the copyright license, attribution, and other information associated with Content resulting from your use of our contents, (c) your use of any of the tools on our website, and/or (d) the Content you make available on the website.
Human-readable summary of Sec 12: If something happens because you violate these terms, because of your use of the website, or because of the content you post on the sites, you agree to repay OU! for the damage it causes.
13. Privacy Policy
Open Up! is committed to responsibly handling the information and data we collect through our website in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.
Human-readable summary of Sec 13: Please read our Privacy Policy. It is part of these terms, too.
14. Trademarks
OU!’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Master Terms. Please review the Trademark Policy so you understand how OU!’s trademarks may be used.
Other trademarks used on the site are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.
Human-readable summary of Sec 14: If you want to use OU! trademarks, please read our Trademark Policy. Other trademarks used on this site are not intended to suggest endorsement or affiliation with OU!.
15. Copyright Complaints
Open Up! respects copyright, and we prohibit users of the website from submitting, uploading, posting, or otherwise transmitting any Content on the website that violates another person’s proprietary rights.
To report allegedly infringing Content hosted on this website, send us an email to web@openup.design.
Human-readable summary of Sec 15: Please let us know if you find infringing content on our websites.
16. Termination
By Open Up!: OU! may modify, suspend, or terminate the operation of, or access to, all or any portion of the website at any time for any reason. Additionally, your individual access to, and use of, the website may be terminated by OU! at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the website at any time.
Automatic upon breach: Your right to access and use the website (including use of your Login Service account) automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied OU! legal tools from your own Content.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.
Human-readable summary of Sec 16: If you violate these terms, you may no longer use our site.
17. Miscellaneous Terms
Choice of law: The Terms are governed by and construed by the national laws in Spain and the EU, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between OU! and you concerning these Terms, may only brought in a competent jurisdiction, and you hereby consent to the personal jurisdiction and venue of such court.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and OU! as a result of the Terms or from your use of the website.
Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and OU! relating to this subject matter and supersede any and all prior communications and/or agreements between you and OU! relating to access and use of the website.
Human-readable summary of Sec 17: If there is a lawsuit arising from these terms, it should be in Spain and governed by Spainish law. We are glad you use our sites, but this agreement does not mean we are partners.
Note about Reusing these Terms of Use.The Open Up! Terms of Use are based on Creative Commons Terms of Use and dedicated to the public domain under the Creative Commons CC0 Public Domain Dedication. You are free to use and adapt these Master Terms and any applicable Additional Terms for your own purposes. However, please keep in mind that these Terms may not be completely suitable for your situation. Creative Commons strongly encourages you to seek the advice of your own attorney before repurposing these Terms on your own site.