Revision of Terms of Use for XML.org Focus Areas 2 from Tue, 2006-03-14 15:39

XML.org Focus Areas are operated by the OASIS international standards consortium. Use of these sites are subject to the XML.org Editorial Guidelines and these Terms.

Posting Content to XML.org Focus Areas

OASIS does not claim ownership of content provided by users of XML.org Focus Areas. By posting, uploading, inputting, providing or submitting content, you grant OASIS permission to use that content in connection with the operation of XML.org, including the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your user name in connection with your submission. By providing content, you warrant and represent that you own or otherwise control all of the rights to your content including, without limitation, all the rights necessary for you to provide, post, upload, and input the submission.

OASIS is under no obligation to post or use any submission you may provide. No compensation will be paid with respect to the use of your submission. OASIS reserves the right to remove any content that it deems inaccurate, inappropriate, misleading, not directly related to an XML.org Focus Area topic, or not in keeping with the mission of the site. Those who violate XML.org Editorial Guidelines repeatedly may be prohibited from future participation.

Inappropriate Usage

As a condition of your use of an XML.org Focus Area, you agree not use the site for any purpose that is unlawful or prohibited by these Terms. By way of example, and not as a limitation, you agree that when using XML.org Focus Areas, you will not:

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      Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

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      Use any material or information that is made available through XML.org Focus Areas in a manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

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      Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded.

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      Use XML.org in any manner that could damage, disable, overburden, or impair the XML.org site or interfere with any other party's use of XML.org.

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      Attempt to gain unauthorized access to any XML.org service, other accounts, computer systems or networks connected to XML.org, through hacking, password mining or any other means.

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      Obtain or attempt to obtain any materials or information through any means not intentionally made available through XML.org Focus Areas.

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      Use XML.org in connection with spamming, pyramid schemes, chain letters, junk email, or any duplicative or unsolicited messages (commercial or otherwise).

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      Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

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      Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

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      Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.

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      Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

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      Harvest or otherwise collect information about others, including e-mail addresses.

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      Create a false identity for the purpose of misleading others.

Responsibility for Focus Area Content

While members of XML.org Editorial Boards volunteer their time to monitor postings, OASIS does not control, endorse, or guarantee the accuracy, integrity, or quality of content posted to XML.org Focus Areas by users. OASIS specifically disclaims any liability with regard to the content, including, without limitation, liability for any errors or omissions, or for any damage incurred as a result of the use of content. Views expressed by users on XML.org do not necessarily reflect those of OASIS. Those who post content to XML.org may or may not have an interest in a company or product they are discussing. The decision whether to disclose that information is theirs to make. Users must evaluate, and bear all risks associated with, the use of any content.

User Account, Password, and Security

If you elect to become a registered user of XML.org Focus Areas, you must provide current, complete, and accurate information as prompted by the applicable registration form. You will select your own user name and be assigned a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify OASIS immediately of any unauthorized use of your account or any other breach of security. OASIS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

Links to Third Party Sites

XML.org Focus Areas contain links to third party web sites. These links are provided as a community resource, and the inclusion of any link does not imply endorsement by OASIS of the site or any association with its operators. If you navigate to a linked site through XML.org, you are responsible for viewing and abiding by the privacy statements and terms of use posted at that site.

No resale of service

XML.org is a community resource provided freely to the public by OASIS and its members. Users of the site are not authorized to sell, resell or offer for any commercial purposes XML.org services or access to the XML.org site.

Practices Regarding Use and Storage

While OASIS engages in reasonable efforts to back up XML.org content and make such data available in the event of loss or deletion, OASIS has no responsibility or liability for the deletion or failure to store content maintained on XML.org. OASIS reserves the right to archive content.

Liability Disclaimer

By registering as an XML.org Focus Area user, you agree to indemnify, defend, and hold harmless OASIS, XML.org and its sponsors and their respective officers, employees and agents, from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of XML.org; your submissions; or your violation of these Terms.

YOUR USE OF XML.ORG IS AT YOUR SOLE RISK. XML.ORG IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND OASIS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE USE OF XML.ORG. OASIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, OASIS MAKES NO WARRANTY THAT (i) XML.ORG WILL MEET YOUR REQUIREMENTS, (ii) YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL YOU OBTAIN WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN XML.ORG WILL BE CORRECTED. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO XML.ORG. OPERATION OF XML.ORG MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE THE CONTROL OF OASIS. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO XML.ORG. 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 BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY OASIS. YOU SPECIFICALLY AGREE THAT OASIS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS TO AN XML.ORG FOCUS AREA. YOU SPECIFICALLY AGREE THAT OASIS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS ON XML.ORG FOCUS AREAS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT OASIS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN XML.ORG FOCUS AREAS BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF XML.ORG, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING XML.ORG.

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