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[Flora-help] FLORA.org Terms and Conditions

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Russell McOrmond

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Dec 11, 2004, 10:58:48 AM12/11/04

Today I updated the Terms and Conditions to remove the "Draft" notice.
I changed the Creative Commons links to point to the Canadian licenses,
and added some additional text about the non-exlusive nature of the
license agreements.

Note: It needs to be emphasized that these copyright licenses are not
exclusive licenses which means you can offer different rights in other
situations. It is perfectly legitimate and supported by these licenses
to charge money for uses other than those authorized by these
licenses.

Here is the full set of terms http://www.flora.org/flora/legal.shtml

---cut---

Why have Terms and Conditions?

FLORA.org is a volunteer service that does not have a budget,
especially for legal cases if someone decided to sue us. It is for
this reason that this document was created, to clarify the conditions
of use of FLORA.org to minimize any possible confusion that might lead
to a lawsuit.

There are two main ideas in this document:
* Don't sue us if FLORA.org breaks as we offer no warranty or
anything else relating to this service.
* If you contribute content to this service it should be available
to the public under a very liberal license, and should not
infringe on anyone else's rights. FLORA.org needs to hold each
person who contributes information to FLORA.org responsible for
their own submissions.

I wish to apologize for the legalistic wording of this agreement, but
we need to try to protect FLORA.org in any way we can. If you wish to
read similar agreements, this one was based on ideas extracted from
the GigaLaw.com Terms and Conditions.

FLORA.org Terms and Conditions

PLEASE READ THESE FLORA.ORG GENERAL TERMS AND CONDITIONS OF USE
("TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE WEB SITE FLORA.ORG
OR ANY SERVICES OFFERED BY FLORA.ORG.

By using the web site, discussion list and other services offered by
FLORA.org, you signify your assent to these Terms and Conditions. If
you do not agree to all of these Terms and Conditions of use, do not
use FLORA.org.

FLORA.org is an online information service provided to the public free
of charge. FLORA.org is sponsored by FLORA Community Consulting
(FLORA.ca). Any reference to FLORA.org in this document should be
understood to pertain to and protect the sponsors of FLORA.org.

FLORA.org may revise and update these Terms and Conditions at any time
by posting such revised Terms and Conditions at
http://www.flora.org/flora/legal.shtml. Your continued usage of
FLORA.org or any of its services will mean you accept those changes.
Any changes will always be posted to the FLORA.org helpdesk.

Materials published online are protected by the Canadian Copyright Act
and other copyright laws. While it is common practice to assume that
works deliberately contributed to discussion groups and websites by
copyright holders are available with a liberal license, we wish to
clarify this practice for FLORA.org.

If you make any submission to FLORA.org, including sending an email to
a mailing list or posting material to the website, you automatically
grant -- or warrant that the owner of such content has expressly
granted -- a Creative Commons license (or equivalent) to the work. If
no license agreement is explicitly referenced in the submission the
assumption will be that the Attribution-NoDerivs-NonCommercial license
is applied.

If you wish to use license agreements other than those approved by the
Creative Commons (for most works) or one from the Free Software
Foundation or Open Source Initiative (for software), please get
approval from Russell McOrmond before posting.

The Creative Commons licenses offer a wide variety of options. The
most liberal license is Attribution which allows people to do anything
they wish with the work (including create derivatives) as long as they
give you credit. A more conservative license would be
Attribution-NoDerivs-NonCommercial which copy, distribute, display,
and perform verbatim copies of the work (no derivatives allowed) for
non-commercial purposes.

The Creative Commons licenses are translated to Canadian Law as part
of the International Commons. For more details see Creative Commons
Canada.

Discussion List

In consideration of your use of FLORA.org Discussion Lists (which
include but are not limited to those managed via Majordomo and those
managed via Mailman ), you agree not to:
1. upload or transmit any communications or content of any type that
infringe or violate any rights of any party;
2. post any material that is false and/or defamatory, inaccurate,
abusive, vulgar, hateful, harassing, threatening, invasive of a
person's privacy, or otherwise violative of any law;
3. impersonate another person or allow any other person or entity to
use your identification for posting materials to the list;
4. upload, post, e-mail or otherwise transmit any material that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment; or
5. engage in any other conduct that restricts or inhibits any other
person from using or enjoying the list.

FLORA.org has the right, in its sole discretion, to suspend or
terminate your account and refuse any and all current or future use of
the discussion list (or any portion thereof) at any time.

By contributing to any part of the discussion list, you agree that
such submission is non-confidential for all purposes, and that
copyright is licensed as describe above.

Privacy

The FLORA.org Privacy Policy is available at
http://www.flora.org/flora/privacy.shtml (not yet authored)

No Warranties

FLORA.ORG DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO FLORA.ORG, THE MATERIALS, ANY
PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH FLORA.ORG, OR ANY
SITES LISTED ON FLORA.ORG, AND FLORA.ORG SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. FLORA.ORG DOES NOT WARRANT THAT FLORA.ORG WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN FLORA.ORG WILL BE
CORRECTED. FLORA.ORG IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

IN NO EVENT WILL FLORA.ORG OR ITS VOLUNTEER CONTRIBUTORS OR SPONSORS
BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE FLORA.ORG, THE MATERIALS OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON FLORA.ORG OR DOWNLOADED FROM
FLORA.ORG, EVEN IF FLORA.ORG OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN FLORA.ORG,
THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH
FLORA.ORG.

Indemnification

You agree to indemnify, defend and hold harmless FLORA.ORG and its
volunteer contributors and sponsors from and against any and all loss,
costs, expenses (including reasonable attorneys' fees and expenses),
claims, damages and liabilities related to or associated with your use
of FLORA.org and any violation of these Terms and Conditions by you.

Governing Law and Jurisdiction

These Terms and Conditions constitute a contract made under and shall
be governed by and construed in accordance with the laws of the
province of Ontario.

Miscellaneous

Except as expressly provided in a particular legal notice posted by
FLORA.org on FLORA.org, these Terms and Conditions constitute the
entire agreement between you and FLORA.org with respect to the use of
FLORA.org and the Materials. FLORA.org's failure to insist upon or
enforce strict performance of any provision of these Terms and
Conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of these Terms and
Conditions. FLORA.org may assign its rights and duties under these
Terms and Conditions to any party at any time without notice to you.

Last Update

These Terms and Conditions were last updated on $Date: 2004/12/11
15:46:31 $ UCT

Contact Information

Questions or comments regarding FLORA.org should be posted to the
FLORA.org helpdesk at http://www.flora.org/flora/help/ unless the
information is of a more private nature in which case it should be
sent to Russell McOrmond of FLORA Community Consulting.

--
Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
Have you, your family, your friends (, your enemies) signed the
Petition to the Canadian Parliament for Users' Rights in Copyright?
http://digital-copyright.ca/petition/
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