Terms and Conditions of Use

THE OPEN INNOVATION COMMUNITY

TERMS AND CONDITIONS OF USE

WELCOME TO THE OPEN INNOVATION COMMUNITY WEBSITE (THE “OI COMMUNITY”)!  WE ARE PLEASED THAT YOU ARE VISITING THE OI COMMUNITY.  PLEASE REVIEW THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE OI COMMUNITY BEFORE YOU CONTINUE.

THE FOLLOWING TERMS AND CONDITIONS GOVERN THE OI COMMUNITY AND ANY CONTRIBUTIONS THAT YOU MAKE AS A CONTRIBUTOR OR COMMUNITY BROWSER.

These Terms and Conditions were last updated on October 29, 2010.

By browsing in the OI Community you agree to the following Terms and Conditions which may be updated from time to time.  Please read these Terms and Conditions carefully

IF, AT ANY TIME, YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY WHICH IS PUBLISHED HERE, THEN PLEASE REFRAIN FROM FURTHER USE OF THE OI COMMUNITY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PROMPTLY EXIT THIS SITE.

1. RESTRICTIONS ON USE

All pages within the OI Community and any material made available for download (collectively the “The OI Community”) are the property of Openinnovation.net Corporation (aka Openinnovation.net) and/or its affiliates. The OI Community is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Openinnovation.net. The OI Community is for your own personal use only. You agree to keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and agree to comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Openinnovation.net.

2.  INTERNET SERVICE PROVIDER

For all content provided by contributors, commenters and other third parties, Openinnovation.net  is an Internet Service Provider (“ISP”), otherwise known as an interactive service provider as defined by the Communications Decency Act Section 230(f)(2).  Openinnovation.net only provides traditional editorial functions and is not, in whole or in part, responsible for the creation or development of the information provided by contributors, commenters and other third parties.

3.  REPRESENTATIONS

Users are encouraged to submit and share Content with the OI Community.  Openinnovation.net’s operation of the OI Community depends, in large part, upon assurances that the Content provided by you is not subject to any legal rights of a third party that prohibit the Content from being posted to the OI Community. ACCORDINGLY, you represent and warrant that:
(a)     You and/or your organization own or otherwise control sufficient distribution rights to any Content shared in the OI Community.
(b)    The Content you contribute is true and correct and not subject to third-party ownership or confidentiality agreements and is not subject to trade secret prohibitions.
(c)    You and/or your organization do not live in or have a principal place of business in a country that is currently under embargo or boycott by the United States.

4. CONDUCT IN THE OI COMMUNITY: BASIC ACCEPTABLE USE POLICY

In addition to the representations above, you agree to use material that is relevant and proper to the OI Community as defined below.

Openinnovation.net reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws or the terms and conditions of this Acceptable Use Policy. Content contributed by anyone other than Openinnovation.net does not necessarily express the views of Openinnovation.net. You are solely responsible and liable for any and all of the content you provide.  The Acceptable Use Policy below describes certain actions relating to the content and operation of the OI Community that Openinnovation.net considers to be inappropriate and thus prohibited. The examples identified in this list are provided as examples only for your guidance. If you are unsure whether any contemplated use or action is permitted, please contact Openinnovation.net. Openinnovation.net’s right to remove inappropriate content under this Policy shall not place an obligation on Openinnovation.net to monitor or exert editorial control over the OI Community website.

Actions which Openinnovation.net considers inappropriate and grounds for removal of offending material or termination of access to the OI Community include, but are not limited to, the following, and you agree not to:

• Advertise or sell any goods or services that are unlawful in the location at which the content is posted or received or the goods or services delivered or which are inconsistent with the purpose of the OI Community;

• post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;

• post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;

• post any content that holds Openinnovation.net (including its affiliates), employees or shareholders up to public scorn or ridicule or publish falsehoods or misrepresentations that could in anyway damage or impair Openinnovation.net’s reputation or goodwill;

• post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;

• Fail to obtain all required permissions when using the OI Community to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;

• Using the OI Community in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or

• Introduce viruses, worms, Trojan horses, or other harmful code on the Internet or otherwise upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; or post the same note repeatedly, referred to as spamming, which is strictly prohibited, or

• Restrict or inhibit any other user from using and enjoying the OI Community.

Openinnovation.net may revise in its sole discretion this Acceptable Use Policy, without prior notice. Any such changes shall be posted by Openinnovation.net on the OI Community website (www.Openinnovation.net). You shall be responsible for periodically reviewing the online Acceptable Use Policy to apprise yourself of any changes thereto. You agree to be bound by all such changes.  In addition, the OI Community will fully cooperate with any law enforcement authorities or court order requesting or directing the OI Community to disclose the identity of anyone posting any information or materials in violation of these Terms and Conditions or the law.

5. TRADEMARK NOTICE

The Open Innovation Community is trademark of Openinnovation.net. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

6. WARRANTY DISCLAIMER

Openinnovation.net assumes no responsibility for monitoring the OI Community, the Content or the Service for inappropriate content or conduct.  If at any time Openinnovation.net decides, in its sole discretion, to monitor the OI Community, the Content, the Service or any services of the OI Community, Openinnovation.net nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user of the OI Community submitting any such Content.

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

OPENINNOVATION.NET, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

The OI Community has links to Third-Party Sites and may from time to time provide third-party materials in the OI Community. The OI Community does not warrant, endorse, guarantee, or assume responsibility for any information, product or service advertised, offered or displayed by a third party through the OI Community or any Third-Party Sites or featured in any banner or other advertising. By browsing through the OI Community, you expressly relieve the OI Community from any and all liability arising from your use of any Third-Party Site and you agree that Openinnovation.net will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Although Openinnovation.net attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Openinnovation.net so that it can be corrected. Information contained on the Site may be changed or updated without notice.

7. LIMITATION OF LIABILITY

Openinnovation.net disclaims liability for certain types of damages and to limit our damages in certain other cases.  We do this so that you can be assured that we will be able to provide the Service to you now and in the future, not because we are hiding from any liability we might have.

IN NO EVENT SHALL OPENINNOVATION.NET, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE OI COMMUNITY, THE SERVICE OR THIS TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF THE OI COMMUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE OI COMMUNITY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE OI COMMUNITY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  OUR MAXIMUM CUMULATIVE LIABILITY FOR ALL DAMAGES IS LIMITED TO USD $10.00.

8.  PRIVACY

This clause only addresses the use and disclosure of information Openinnovation.net collect from you. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy.

We do collect some Personally Identifiable Information about you.  This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as registering for a membership, submitting content and/or posting content in discussion forums or other public areas, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, e-mail address, and other personal identifying information.  When registering for a membership we may also ask you to select a username, password and security questions and answers.  Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in certain specified activity(ies).

We do not sell, trade, or rent your Personally Identifiable Information to others.  Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information. Our third party ad servers may also provide us with reports that will tell us how many ads were presented and clicked upon at our site.

We may also provide Non-Personally Identifiable Information about our customers’ traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, your first name to welcome you back to our site and potentially the country where you are located. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts or our entire site may not work properly in that case.

9. CONFIDENTIAL AND PROPRIETARY INFORMATION

The OI Community does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to the OI Community through the Site will be deemed NOT to be confidential. By sending the OI Community any information or material, you grant the OI Community an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that the OI Community is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

10. OWNERSHIP AND LIMITED LICENSE

You own your information and provide a non-exclusive, perpetual worldwide license to the OI Community to reproduce such content, in whole or in part and to use it in any way we choose, including allowing third parties to republish the material.  Openinnovation.net owns the OI Community and all aggregated Content generated by it that is displayed in the OI Community. Openinnovation.net grants you a non-exclusive, revocable right to use the OI Community, subject to all of the Terms and Conditions described herein, and provided that you do not (a) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or (b) modify or attempt to modify the OI Community in any manner or form. You agree that Openinnovation.net shall not be liable to you for any modification or discontinuance of the OI Community and Openinnovation.net may discontinue the OI Community and the Service without any notice to you.

11.  INFRINGEMENT/DEFAMATION POLICY

The OI Community is in compliance with the Digital Millennium Copyright Act. All of the images, contents, articles, date, and videos are from our “lawful image contracts” or are believed to be in the public domain or are among those documents or images considered or which constitute “fair use.” Original authors retain their copyrighted material.
Any claims of infringement or defamation must be submitted in writing to Openinnovation.net Corporation, 1125 Hilltop Drive, Lafayette, CA 94549  USA, e-mail:Katherine@openinnovationcorp.com, fax 925-299-1194.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

1.    Identify in sufficient detail the copyrighted, patented, trademarked or otherwise
protected work claimed to have been infringed.

2.    Identify in sufficient detail the material that is claimed to be infringing or
defamatory and its location.

3.    Information reasonably sufficient to permit us to contact you, e-mail address is
preferable.

4.    A statement that you have a good faith belief that use of the material, in the
manner complained, of is not authorized by the copyright or other proprietary
right owner, its agent, or the law.

5.    A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed or on behalf of the person defamed.

6.    A signature of the owner of an exclusive right that is allegedly infringed or the
person defamed.

You acknowledge that if you fail to comply with all of the requirements of this Section 11, your notice may not be valid.  ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE PROCEDURE SET FORTH ABOVE WILL RECEIVE NO RESPONSE.

12.    EXPORT CONTROL

The OI Community is controlled, operated and offered by the Openinnovation.net from its offices within the State of California, United States of America. Unless otherwise specified, the Content and other materials in the OI Community are presented solely to promote and provide our Service available in the United States.  Openinnovation.net makes no representation that the materials in the OI Community are appropriate or available for use in other locations and other countries.  Those who choose to access or use the OI Community from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Software available from the OI Community is further subject to United States export controls. No software from the OI Community may be downloaded or otherwise exported or re-exported: (a) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U. S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the OI Community, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13.    INDEMNITY

You agree to defend, indemnify and hold harmless the OI Community, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

(a)    your use of and access to the OI Community;
(b)    your violation of any term of these Terms and Conditions;
(c)    your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
(d)    any claim that your Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and Conditions and your use of the OI Community.

14.    CHILDREN ONLINE PROTECTION ACT NOTIFICATION

Pursuant to 47 U.S.C. Section 230 (d) as amended, the OI Community hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website at http://kids.getnetwise.org/.

15.    ABILITY TO ACCEPT TERMS AND CONDITIONS

You affirm that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the OI Community is not intended for children under 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT BROWSE OR ANY OTHER MANNER USE OR VISIT THE OI COMMUNITY.

16.    ASSIGNMENT

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Openinnovation.net without restriction.

17. CHOICE OF LAW AND VENUE

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Contra Costa in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

18. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between The OI Community and you pertaining to the subject matter of this Agreement. In its sole discretion, Openinnovation.net may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

19. NO UNLAWFUL OR PROHIBITED PURPOSE

As a condition of your use of this Site, you warrant to The OI Community that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

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