Version: September 15th, 2015
Opendesktop.org provides You with the infrastructure and facilities to store and offer data or an unlimited number of digital files ("File" or "Files") to others and/or themselves over the internet via our Website.
Opendesktop.org transfers all kinds of Files. All Files become visible to the public when being published.
Opendesktop.org provides the technically necessary facilities to store your File. Opendesktop.org does not claim any ownership of the Files You offer through our Service. You are fully and solely responsible for the Files You wish to offer through our Service. By using our Service You acknowledge and agree that Opendesktop.org is not responsible for any failure of the Service to store, transfer or delete a File or for the corruption or loss of any data, information or content contained in a File. By using our Service You acknowledge and agree that You have the permission to grant Opendesktop.org the non-exclusive, worldwide, royalty free right (license), including the right for Opendesktop.org to sublicense this right to third parties, to store and offer Your File as part of our Service. (FYI This means that Opendesktop.org receives from you the rights necessary to transfer your Files, nothing more or less. We do not claim any ownership, intellectual property rights or other rights whatsoever outside the scope of what is necessary to transfer and offer your Files as part of our Service.)
Opendesktop.org respects your rights and demands that You respect those of Opendesktop.org. This includes privacy and intellectual property rights, such as trademarks, service marks, trade names and logos. You are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any rights.
As a condition to make use of the Service You agree not to transfer any Files that:
- feature child pornography;
- promote racism, violence or hatred;
- are false or misleading;
- You don't have the right to copy and/or transfer;
- infringe on intellectual property rights;
- violates privacy rights, including data protection rights;
- infringe on or violate any applicable law or regulation.
In addition, You agree not to:
- impersonate or pretend affiliation with any person or entity;
- access any non-public area's of our Website or Service;
- send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
- attempt to probe, scan, compromise or test the vulnerability of the Website or Service or any related system or network or breach any security or authentication.
Opendesktop.org reserves the right to investigate and/or remove, without warning, any Files from its servers or block You from accessing the Website or Service, when Opendesktop.org finds, at their own discretion, or receives substantiated and valid complaints, that You violate these Terms including the Privacy and/or general Terms) or act in violation of any applicable law or regulation. Opendesktop.org reserves the right to disclose Files in so far necessary (i) to defend itself in legal proceedings (ii) to follow a court order, (iii) to abide by any law, regulation or governmental request, (iv) to safeguard national security, defence, public security or public health and v) to uphold our Terms.
Opendesktop.org provides its Service "AS-IS", without warranty of any kind. Without limiting the foregoing, Opendesktop.org explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Opendesktop.org makes no warranty that the Service is available on an uninterrupted, secure or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Opendesktop.org is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.
Indemnity and Liability
You will defend, indemnify and hold harmless Opendesktop.org, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms, including any third party claims that Files submitted to the Service by You infringe or violate any third party rights. However, this limitation of liability does not intend to exclude the liability of Opendesktop.org for the intentional and/or deliberate recklessness of Opendesktop.org themselves ("their own acts") and or the management of Opendesktop.org.
In no event will Opendesktop.org be liable to You or to any third party for any damages arising out of use of the Website or Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Opendesktop.org has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. Opendesktop.org will not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service and/or the impossibility of using it insofar as this is allowed under mandatory law. In the event Opendesktop.org is liable for damage under mandatory law, Opendesktop.org aggregate liability to you for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (100) per incident.
Controlling Law and Jurisdiction
These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of Germany. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Bielefeld, Germany, unless stipulated otherwise by mandatory German or international laws. You waive any objection to jurisdiction and venue in the courts of Germany.
These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings between You and Opendesktop.org. These Terms shall apply in preference to and supersede any and all Terms of any use or kind by You. In the occasion that these Terms shall become partly invalid, You and Opendesktop.org remain bound to the remainder.
For questions about these Terms, please contact Opendesktop.org at firstname.lastname@example.org. We speak English and German.