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Terms of Service

Licensed under CC-BY-SA by Mach 30.

The following terms and conditions govern all use of the OpenDesignEngine.net website and all content, services and products available at or through the website. The Website is owned and operated by Mach 30 (“Mach 30”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Mach 30’s Privacy Policy included below) and procedures that may be published from time to time on this Site by Mach 30 (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Mach 30, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your OpenDesignEngine.net Account and Site. If you create a project on the Website, you are responsible for maintaining the security of your account and project, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the project. You must not describe or assign keywords to your project in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Mach 30 may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Mach 30 liability. You must immediately notify Mach 30 of any unauthorized uses of your project, your account or any other breaches of security. Mach 30 will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a project, comment on a project, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    6. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    7. your project is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, projects and web sites, and similar unsolicited promotional methods;
    8. your project is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your project’s URL or name is not the name of a person other than yourself or company other than your own; and
    9. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mach 30 or otherwise.
    10. the Content does not intimidate or harass another
    11. the Content does not include any personally identifiable information about persons under 13 years of age
    12. you have not used or attempted to use another's account, service, or personal information
  3. Licenses Associated With Content on the Websites and Services.
    1. Mach 30 Content: All Content (other than computer software) owned by Mach 30 and made available by Mach 30 on the Website or through the Services is licensed under the Creative Commons Attribution 3.0 Unported license, unless marked otherwise.
    2. Your Content: You retain the copyright in the Content you provide on the Websites or in connection with the Services. You hereby agree that all Content you voluntarily provide to Mach 30 on or through any Website or Service is licensed under an approved open source license (as listed on the Website), is not copyrightable, or is in the public domain. When you post your Content, you designate the relevant project as the “Attribution Party” for the purposes of the attribution licenses and grant permission for the relevant Website URI to be associated with your Content for purposes of that license. If Content you provide is protected by copyright, then if it is not licensed under an approved open source license, you must not provide it to Mach 30.
  4. Publishing Content. By submitting Content to Mach 30 for inclusion on your Website, you grant Mach 30 a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your project. If you delete Content, Mach 30 will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
  5. Removal of Content. Without limiting any of those representations or warranties, Mach 30 has the right (though not the obligation) to, at Mach 30’s sole discretion (i) refuse or remove any content that, in Mach 30’s reasonable opinion, violates any Mach 30 policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Mach 30’s sole discretion. Mach 30 will have no obligation to provide a refund of any amounts previously paid.
  6. Responsibility of Website Visitors. Mach 30 has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Mach 30 does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mach 30 disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which OpenDesignEngine.net links, and that link to OpenDesignEngine.net. Mach 30 does not have any control over those non-"Open Design Engine" websites and webpages, and is not responsible for their contents or their use. By linking to a non-"Open Design Engine" website or webpage, Mach 30 does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mach 30 disclaims any responsibility for any harm resulting from your use of non-"Open Design Engine" websites and webpages.
  8. Copyright Infringement and DMCA Policy. As Mach 30 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by OpenDesignEngine.net violates your copyright, you are encouraged to notify Mach 30 by emailing dmca at opendesigneengine.net. Mach 30 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mach 30 will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Mach 30 or others. In the case of such termination, Mach 30 will have no obligation to provide a refund of any amounts previously paid to Mach 30.
  9. Intellectual Property. This Agreement does not transfer from Mach 30 to you any Mach 30 or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mach 30. Mach 30, Open Design Engine, OpenDesignEngine.net, the OpenDesignEngine.net logo, and all other trademarks, service marks, graphics and logos used in connection with OpenDesignEngine.net, or the Website are trademarks or registered trademarks of Mach 30 or Mach 30’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mach 30 or third-party trademarks.
  10. Advertisements. Mach 30 reserves the right to display advertisements on your project.
  11. Changes. Mach 30 reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Mach 30 may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  12. Termination. Mach 30 may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your OpenDesignEngine.net account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  13. Disclaimer of Warranties. The Website is provided “as is”. Mach 30 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mach 30 nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  14. Limitation of Liability. In no event will Mach 30, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mach 30 under this agreement during the twelve (12) month period prior to the cause of action. Mach 30 shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  15. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Mach 30 Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  16. Indemnification. You agree to indemnify and hold harmless Mach 30, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  17. Miscellaneous. This Agreement constitutes the entire agreement between Mach 30 and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mach 30, or by the posting by Mach 30 of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Montgomery County, Ohio. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Dayton, Ohio, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mach 30 may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  18. Using these Terms of Service for Your Own Purposes. The Open Design Engine Terms of Service are licensed under a Creative Commons Attribution-ShareAlike 3.0 License. These Terms of Service are based upon the WordPress.com Terms of Service and the Creative Commons Terms of Use. You are free to use and adapt these Terms of Use for your own purposes. However, please keep in mind that these terms, as written, may not be completely suitable for your situation. Mach 30 strongly encourages you to seek the advice of your own attorney or counsel before using these Terms of Service.

Privacy Policy

Licensed under CC-BY-SA by Mach 30.

Your privacy is critically important to us. At Mach 30 we have a few fundamental principles:

  • We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless required for the on-going operation of one of our services.

Below is our privacy policy which incorporates these goals: (It is based upon Automattic's Privacy Policy and is licensed under the Creative Commons Attribution-ShareAlike 3.0 License)

Mach 30 (“Mach 30”) operates the website opendesignengine.net. It is Mach 30’s policy to respect your privacy regarding any information we may collect while operating our website.

Website Visitors
Like most website operators, Mach 30 collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Mach 30’s purpose in collecting non-personally identifying information is to better understand how Mach 30’s visitors use its website. From time to time, Mach 30 may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Mach 30 also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users of OpenDesignEngine.net. Mach 30 only discloses logged in user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Gathering of Personally-Identifying Information
Certain visitors to Mach 30’s websites choose to interact with Mach 30 in ways that require Mach 30 to gather personally-identifying information. The amount and type of information that Mach 30 gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a project at OpenDesignEngine.net to provide a username and email address. Mach 30 does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics
Mach 30 may collect statistics about the behavior of visitors to its websites. For instance, Mach 30 may monitor the most popular projects on the OpenDesignEngine.net site. Mach 30 may display this information publicly or provide it to others. However, Mach 30 does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information
Mach 30 discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Mach 30’s behalf or to provide services available at Mach 30’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Mach 30’s websites, you consent to the transfer of such information to them. Mach 30 will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Mach 30 discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Mach 30 believes in good faith that disclosure is reasonably necessary to protect the property or rights of Mach 30, third parties or the public at large. If you are a registered user of a Mach 30 website and have supplied your email address, Mach 30 may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Mach 30 and our projects. We primarily use our various project blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Mach 30 takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Mach 30 uses cookies to help Mach 30 identify and track visitors, their usage of Mach 30 websites, and their website access preferences. Mach 30 visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Mach 30’s websites, with the drawback that certain features of Mach 30’s websites may not function properly without the aid of cookies.

Business Transfers
If Mach 30, or substantially all of its assets were acquired, or in the unlikely event that Mach 30 goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Mach 30 may continue to use your personal information as set forth in this policy.

Ads
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Mach 30 and does not cover the use of cookies by any advertisers.

Privacy Policy Changes
Although most changes are likely to be minor, Mach 30 may change its Privacy Policy from time to time, and in Mach 30’s sole discretion. Mach 30 encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Change log

March 18, 2012 - Initial version of the Terms of Service and Privacy Policy.
March 27, 2012 - Bumping version to force update with correct rendering (See Issue #11 for details).