1. ACCEPTANCE OF TERMS
The information and services on the OSS Line site and its affiliates (“Sites”) are provided to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to such Sites. Your use of the Sites constitutes agreement with the terms and conditions of use set forth herein (the “Terms”). Before using OSS Line and affiliated sites, please carefully read this agreement relating to your use of Sites. By using Sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use OSS Line.
OSS Line reserves the right, at OSS Line’s sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise which posting shall constitute notice of such modifications.
Your continued use of Sites following the posting of changes to these Terms will mean that you accept those changes. Use of Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept OSS Line’s Terms, he or she is not granted rights to use Sites as defined herein, and should refrain from accessing Sites. OSS Line reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of the Sites. OSS Line shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using the Sites, you warrant to OSS Line that you will not use the Sites, or any of the content obtained from the Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Sites automatically terminates.
3. DESCRIPTION OF SERVICES
The Sites are owned and operated by J E Pullen Limited of 75 Shakespeare Avenue, Bath, BA2 4RG, UK, for the purpose of creating a community, development, discussion and innovation around operations support systems and other telecommunication software and solutions (the “Purpose”). The Sites provide articles, news, listings and advice for telecommunications professionals.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not OSS Line, is entirely responsible for all Content that he or she submits, uploads, posts, emails or otherwise transmits via the Sites. No user shall transmit Content or otherwise conduct or participate in any activities on Sites that, in the judgment of OSS Line, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. OSS Line reserves the right to modify, refuse or delete any Content at the sole discretion of OSS Line. OSS Line does not control guarantee the accuracy, integrity or quality of Content made available on the Sites. Under no circumstances will OSS Line be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Sites. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
5. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE OSS LINE SITES:
Use, reproduction, modification, and other intellectual property rights to data stored on OSS Line will be subject to licensing arrangements that may be approved by OSS Line as applicable to such Content. The submitting user, hereby grants OSS Line a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license. For the purposes of these Terms, “Content” means any text, data, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via the Sites.
When you create or make available your Content on the Sites, you represent and warrant that:
- you own or have sufficient rights to post or make available your Content on or through the Sites
- the posting or making available of your Content on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity
- if your employer has rights to intellectual property you create, you have either received permission from your employer to make available your Content, or secured from your employer a waiver as to all rights in or to your Content
- your Content does not violate, or link to material that violates, any provision of these Terms or any local or national law or regulation, including any law designed to regulate electronic advertising
6. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Sites, use of the Sites, or access to the Sites.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
OSS Line may establish general practices and limits concerning use of the Sites. While OSS Line will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, OSS Line has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any of the Sites. OSS Line reserves the right to mark as “inactive” and archive Content that are inactive for an extended period of time. OSS Line reserves the right to change these general practices at any time, in its sole discretion, with notice to users as described in Section 1 above.
OSS Line may terminate a user’s account in OSS Line’s absolute discretion and for any reason. OSS Line is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of the Sites in a manner inconsistent with the Purpose; (4) a user’s request for such termination; or (4) as required by law. OSS Line’s termination of any user’s access to any or all OSS Line may be effected without notice and, on such termination, OSS Line may immediately deactivate or delete user’s account and/or bar any further access to such files. OSS Line shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. OSS Line reserves the right to delete, or not delete, a user’s account at OSS Line’s sole discretion, as well as to delete, or not delete, content at OSS Line’s sole discretion.
OSS Line, any OSS Line Site or a third party may provide links to other websites. OSS Line exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. OSS Line shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The OSS Line Sites’ Privacy Statement is applicable only when you are on an OSS Line Site.
10. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless OSS Line, and its parent corporation and affiliates and their respective officers, employees and agents, and each of OSS Line’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable legal fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the OSS Line Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms. EACH USER’S USE OF THE OSS LINE SITES IS AT HIS OR HER SOLE RISK. THE OSS LINE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND OSS LINE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. OSS LINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, OSS LINE MAKES NO WARRANTY THAT (i) THE OSS LINE SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF OSS LINE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OSS LINE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OSS LINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY OSS LINE SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE OSS LINE SITES; OR ANY OTHER MATTER RELATING TO THE OSS LINE SITES. IN NO EVENT SHALL OSS LINE’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED GBP£1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN OSS LINE AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, OSS LINE DOES NOT AND CANNOT CONTROL THE ACTIONS OF OSS LINE SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO OSS LINE SITES. OPERATION OF OSS LINE SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY OSS LINE. Any claim or cause of action arising out of or related to use of the Sites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. TRADEMARK INFORMATION
OSS Line, the OSS Line logo and other OSS Line trademarks, service marks, and product and service names are trademarks or registered trademarks of J E Pullen Limited in the United Kingdom and in other countries (the “OSS Line Marks”). All other names and designs may be trademarks of their respective owners.
OSS Line is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, OSS Line expects you to resolve trademark disputes directly with the Content submitter rather than utilize OSS Line as an intermediary.
OSS Line respects the intellectual property rights of others, and requires that the people who use the OSS Line Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse. Please note that you will be liable for damages (including costs and legal fees) if you make any material misrepresentations when making or countering a copyright infringement claim. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing us with the following information in writing:
a. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OSS Line to locate the material (e.g., URL)
b. Information reasonably sufficient to permit OSS Line to contact you, such as name, email address, postal address, telephone number
c. A physical, electronic or digital signature, in a form reasonably acceptable to OSS Line, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
d. Send written communication to the following contact: email@example.com
The Terms constitute the entire agreement between each user and OSS Line and govern each user’s use of OSS Line Sites, superseding any prior agreements. The Terms and the relationship between each user and OSS Line shall be governed by the laws of the United Kingdom. If any provision of the Terms is found by a court to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Please report any violations of the Terms to OSS Line firstname.lastname@example.org
Last modified: 8th October 2013