O'Reilly Terms of Service

ARCHIVED 2012-05-04, DATE APPROXIMATE · VERSION 20120504_rev01 · COMPARED WITH 20100102_rev01

Full text changes — 20100102_rev01 to 20120504_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 - [Indemnity]()
 - [Modification and Termination of Services]()
 - [Assumptions of Risk, Safety, and Warranty Disclaimer]()
 - [Liability Limitation]()
 - [General Provisions]()
+#### ACCEPTANCE
+### ACCEPTANCE
 O'Reilly Media Inc. ("O'Reilly," "we," or "us") makes this site and the related site materials available for your access and use subject to your compliance with these Terms of Service ("TOS"). Your obligations under this TOS include the obligation to abide by our [Community Guidelines](http://oreilly.com/community/guidelines.csp) and other terms and conditions ("supplemental terms") that apply to specific O'Reilly projects, products, and services.
 "Site materials" means the content, tools, products, services, projects, and activities made available or enabled via this site.
 By accessing or using this site, you agree to comply with this TOS, and you certify that you are at least 13 years old, and that if you are between 13 and 18 years old, you have obtained the consent of your parent or legal guardian to use this site. Do not use or access the site if you do not agree to this TOS.
+#### YOUR CONDUCT
+### YOUR CONDUCT
 You agree that you will not use the site or any site materials, project, or service to:
 (a) transmit spam, bulk, or unsolicited communications;
 (b) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any transmitted content;
 (c) misrepresent your identity, or affiliation with any person or entity;
 (d) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to participate in the site or any site projects or services;
 (e) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law; or
 (f) collect or store personal data about other users unless specifically authorized to do so by such users.
+#### YOUR SUBMISSIONS
+### YOUR SUBMISSIONS
 All of your contributions and submissions to the site and any site projects or services must comply with the applicable policies and guidelines.
 You represent and warrant with respect to each of your submissions that it
 (i) does not include unauthorized disclosure(s) of personal information or trade secrets, and does not include any confidential information;
 If you submit ideas, suggestions, or proposals to us through our suggestion, user comment, or feedback pages, you acknowledge and agree that:
 (a) your submission does not contain confidential or proprietary information and we are not obligated to keep it confidential;
 (b) we are entitled to use or disclose the submission for any purpose and in any way;
 (c) we already may be considering or developing something similar to your submission; and
 (d) if we make use of all or part of your submission, you will not be entitled to any payment or other consideration.
+#### CONTENT LICENSES AND OWNERSHIP
+### CONTENT LICENSES AND OWNERSHIP
 You are welcome to make use of the site materials that are made available under open source or public licenses (such as content subject to Creative Commons licenses), on the condition that you comply with the requirements of the licenses. Information about the open source or public licenses that apply to specific site materials can be found either posted with or linked to those materials.
 Your use of the site does not transfer to you any ownership or other rights in the site or its content. The site and the site materials are the property of O'Reilly and/or its content providers, and are protected by the laws of the United States and other countries, including their copyright and trademark laws. Except for materials available over the site under open source or public licenses, and except for uses that constitute "fair use" under [U.S. copyright law (17 USC Sec. 107)](http://www.copyright.gov/title17/92chap1.html), the site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, cataloged, mirrored or distributed in any way, in whole or in part, without the express prior written consent of O'Reilly.
+#### COPYRIGHT INFRINGEMENT CLAIMS
+### COPYRIGHT INFRINGEMENT CLAIMS
 O'Reilly respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on an O'Reilly site in a way that constitutes copyright infringement, please send a written notice to our Copyright Agent that includes:
 - The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
 - A description of the copyrighted work that you claim has been infringed;
 - A description of where the material that you claim is infringing is located, such as the URL where it is posted;
 By fax:
 (707) 823-9746 or (707) 829-0104
 Attn: Cali Bush/Legal Department
 Please note: In order to be effective, your notice must be in writing. This contact information is provided in accordance with the Digital Millennium Copyright Act and solely for reporting copyright infringement claims.
+#### REGISTRATION DATA
+### REGISTRATION DATA
 You agree to provide true, accurate, current and complete information about yourself as prompted by the site's registration form (the "Registration Data"). If we have reason to believe that you have failed to do so, we may suspend or terminate your account, and refuse or terminate any current or future use of the site or any O'Reilly service.
+#### PRIVACY POLICY
+### PRIVACY POLICY
 The Registration Data and other information that you provide to us or that we collect about you are subject to our Privacy Policy, which is available at [http://oreilly.com/oreilly/privacy.csp](http://oreilly.com/oreilly/privacy.csp). You agree that by using the site, you consent to the collection and use of this information in accordance with our privacy policy.
+#### ADVERTISEMENTS, THIRD PARTY POSTS, AND LINKS
+### ADVERTISEMENTS, THIRD PARTY POSTS, AND LINKS
 The messages and other posts by third parties that appear on the site express the views of their authors, who are wholly responsible for that content. They do not represent our opinions.
 We may display advertisements and promotions from third parties on the site. Also, the site contains links to third party sites or resources. Your contacts and interactions with these third parties and your participation in these promotions are solely between you and the third party, and we are not responsible or liable for any loss or damage to you that may the result.
 We don't endorse these third party sites or resources, and are not responsible for their availability.
+#### TRADEMARK INFORMATION
+### TRADEMARK INFORMATION
 The O'Reilly Logo, and other designations, marks and logos associated with O'Reilly products and services ("O'Reilly Marks") appearing on the site are trademarks, trade names and service marks owned by O'Reilly. Guidelines on the site may permit you to make certain specific uses of the O'Reilly Marks. You agree not to use any O'Reilly Marks without the prior written consent of O'Reilly, except as expressly permitted by the guidelines on our site.
 You agree not to incorporate any O'Reilly Marks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. You may not remove or alter any O'Reilly Marks, or co-brand your own services or material with any of the O'Reilly Marks.
+#### INDEMNITY
+### INDEMNITY
 You agree to indemnify and hold O'Reilly and its officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of this TOS, or your violation of any rights of any third party based on or related to your use of the site.
+#### MODIFICATION AND TERMINATION OF SERVICES
+### MODIFICATION AND TERMINATION OF SERVICES
 We reserve the right in our sole discretion to remove site materials, modify, suspend or terminate the site (or any portion of it), and/or your use of or access, with or without notice. We will not be liable to you or any third-party for any modification, suspension, or termination of the site.
+#### ASSUMPTION OF RISK, SAFETY, AND WARRANTY DISCLAIMER
+### ASSUMPTION OF RISK, SAFETY, AND WARRANTY DISCLAIMER
 You agree to assume all risk in downloading and using any site materials, and with respect to any project that you undertake based on any site materials. You must take precautions (e.g., virus scans, etc.) to ensure that any content you download is free of viruses, worms or other potentially destructive elements. O'Reilly provides no assurances that the site material is or will be free of viruses, problems, or errors, nor assurances that any such issues will be resolved.
 Your safety when you undertake projects based on site material is your own responsibility, and your responsibilities include without limitation proper use of equipment and safety gear, and determining whether you have adequate skill and experience to perform the project. Power tools, electricity, and other resources used for these projects are dangerous, unless used properly and with adequate precautions, including safety gear. Some illustrations in the site materials do not depict safety precautions or equipment, in order to show the project steps more clearly. Projects described and depicted in the site materials are not intended for use by children.
 YOUR USE OF THE SITE AND/OR ANY SITE MATERIALS IS AT YOUR SOLE RISK. THE SITE, INCLUDING WITHOUT LIMITATION ALL SITE MATERIALS, INFORMATION, AND SERVICES, IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. O'REILLY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. O'REILLY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR THE SITE MATERIALS.
 O'REILLY MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY SITE MATERIALS, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM O'REILLY, WHETHER OBTAINED THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS TOS.
 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.
+#### LIABILITY LIMITATION
+### LIABILITY LIMITATION
 TO THE FULL EXTENT PERMITTED BY LAW, O'REILLY IS NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY SITE MATERIALS, EVEN IF O'REILLY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR RELY UPON.
 IF THE RELEVANT JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
+#### GENERAL PROVISIONS
+### GENERAL PROVISIONS
 This TOS constitutes the complete and exclusive agreement between you and us relating to the subject matter that it covers, and it supersedes all prior versions. You also may be subject to additional terms and conditions that may apply when you use of O'Reilly products or services, or those of any third party. If a supplemental term conflicts with this TOS, the supplemental term will prevail. You agree that we may amend this TOS at any time by posting the amended terms on this site, without notice to you. Your use of the site after such posting will constitute consent to the modified TOS. A current version of this TOS will always be available at [http://oreilly.com/terms/](http://oreilly.com/terms/). It is your responsibility to review this TOS from time-to-time in order to be informed of TOS modifications.
 California law and controlling U.S. federal law govern this TOS, any action related to this TOS, and/or your use of the site. No choice of law rules of any jurisdiction will apply to any dispute under this TOS. You and O'Reilly agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California, U.S.A. You expressly understand and agree that any dispute, claim or controversy between you and O'Reilly arising out of or in connection with this TOS, or your use of the site, must be brought no later than one (1) year from the date the alleged claim occurred or arose.
 No failure to exercise promptly any right under this TOS will create a continuing waiver or any expectation of non-enforcement. If any provision of this TOS is held to be invalid by a court of competent jurisdiction, you agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this TOS will remain in full force and effect.