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Date: Fri, Jul 25, 2008   

Terms Of Use

Note: This information is subject to change without notice.

Basic Rules

  • Contribute good quality data, you believe to be true.
  • Respect others.
  • Correct information as appropriate.
  • Don't dilute the data with bogus/junk data.
  • Respect the law.

Terms of Service

This OpenComps Service Agreement (the "Agreement") describes the terms and conditions on which OpenComps ("we" or "our company") offer services to you ("User" or "You"). By registering for or using OpenComps Services, User agrees to be bound by the following terms and conditions.

1. OpenComps Services.
Subject to the terms and conditions of this Agreement, OpenComps makes certain Services available to User. For the purposes of this Agreement: (a) "User" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) OpenComps "Services" means those electronic or interactive services offered by OpenComps. OpenComps reserves the right to change or discontinue any of the Services at any time.

2. Ownership.
You acknowledge that all materials (except the information provided by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (collectively "Materials"), are provided either by OpenComps or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by OpenComps and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. OpenComps, the OpenComps logo and other OpenComps products referenced herein are trademarks of OpenComps, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

3. User Information.
User represents and warrants that the information it provides in OpenComps registration form is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by User is untrue, inaccurate, not current or incomplete, OpenComps will have the right to suspend or terminate User's account and this Agreement.

4. User Data.
User has sole responsibility and liability for the data you provide to OpenComps. User controls its data through open access to editing all data.

4.1 Use of optional e-mail addresses.
We may communicate with users from time to time via e-mail to send information about important changes to our products and services, and to send notices and other disclosures required by law. By providing your email address, you agree to these communications, but they will be primarily informational in nature rather than promotional and will be strictly limited in number. We follow a strict no-spam policy.

5. Acceptable Use.
OpenComps neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, the promotion or publication of any material that may violate legislation.

OpenComps reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice.

5.1 Wrongful Conduct.
User shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.

5.2 Access and Interference.
Violations or attempts to violate OpenComps systems or to interrupt OpenComps services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:

(a) Unauthorized access to or use of OpenComps Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of OpenComps; or (b) Interference with Service to any User or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on OpenComps's infrastructure.

5.3 Copyright or Trademark Infringement.
OpenComps Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. OpenComps reserves the right to suspend or terminate a User's transmission(s) that, in OpenComps' discretion, violates these policies or violates any law or regulation.

5.4 Other Activities.
Whether lawful or unlawful, OpenComps reserves the right to determine what is harmful to its Users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet.

Please be aware that OpenComps reserves the right to cancel any account or transmission they find in violation of any of the above policies or for any reason it considers appropriate. An explanation will not be provided.

Complaints about violators of our Policy should be sent via our contact form on this site.

6. No Warranty.
You expressly understand and agree that: (a) your use of the Service is at your sole risk. OpenComps Services are provided on an "as is" and "as available" basis. OpenComps and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. OpenComps and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) OpenComps makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (d) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (e) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.

7. Indemnity.
You agree to defend, indemnify, and hold harmless OpenComps, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other OpenComps policies, terms and conditions.

8. Limitation of Liability.
Your use of OpenComps is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms and conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that OpenComps shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.

9. Modifications to Agreements, Policies or to our Services.
We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

9.1 Upon termination of this Agreement by either User or OpenComps, all of User rights under this Agreement, and OpenComps' provision of Services, will terminate immediately.

10. Miscellaneous.
These terms and conditions will be governed by and construed in accordance with the laws of the United States Of America.

10.1 Exceptions.
Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Additional Information:
Any questions relating to our Legal Agreements and Policies may be directed to OpenComps using the contact form on the site.

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