Terms of Service

Open Signal offers our website as a forum to promote and share community media. We would love for you to use it. Please make sure you read through the terms and agree with them before you get started.

If you engage in any activities within the site other than viewing site content, you must register and become a site member. As part of the registration process, you will be asked to ACCEPT these Terms of Use. On doing so, you will be deemed to have consented to and you will be bound by these Terms of Use.

Visitors to the site wishing simply to view content do not need to register and become members. However, any use of this site (which includes but is not limited to simply viewing the site's content) constitutes your acknowledgement and acceptance of these Terms of Use.

Please read this Agreement carefully before accessing or using the web site. 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.

Responsibility of Site Visitors

Open Signal takes a number of precautions to ensure that the Terms of Service of this website are followed. However, Open Signal cannot review all of the material posted to the Website, and cannot therefore be responsible for that materials content, use or effects. By operating the Site, Open Signal 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. The site 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. Open Signal 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.

Content Posted on Other Websites

Open Signal cannot review all of the material made available through the websites and web pages to which the Site links, and that link to the Site. Open Signal does not have any control over these websites and web pages, and is not responsible for their contents or their use. By linking to a non-Open Signal website or webpage, Open Signal does not represent or imply that it endorses such website or webpage. Open Signal disclaims any responsibility for any harm resulting from your use of non-Open Signal websites and web pages.

Your Open Signal account. If you create an account and enter content on the Site, you are fully responsible for all activities that occur under the account and any other actions taken in connection with the content you add. You must immediately notify Open Signal of any unauthorized uses of your content, your account or any other breaches of security. Open Signal 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.

User Conduct

You understand the Site is available for your personal, non-commercial use only. If you add Content, comment on content, 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, referred to as Content), you are entirely responsible for the content of, and any harm resulting from, that Content.

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

You further agree not to harvest or collect email addresses or other contact information of Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose without prior written consent from Open Signal. You further agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Service or the Site to:

  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
     

  • upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
     

  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
     

  • upload, post, transmit, share or otherwise make available any material that contains software viruses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
     

  • intimidate or harass another user;
     

  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
     

  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Open Signal, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Open Signal or its users to any harm or liability of any type;
     

You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Open Signal may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Open Signal liability.

Without limiting any of those representations or warranties, Open Signal has the right (though not the obligation) to, in Open Signal's sole discretion (i) refuse or remove any content that, in Open Signal's reasonable opinion, violates any Open Signal 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 Open Signal's sole discretion.

Prohibited Content

Our goal is to promote the free-flowing exchange of expression relating to members interests, activities and hobbies while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Use and elsewhere on the Open Signal website, the following content is prohibited on Open Signal:
 

  • Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
     

  • Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
     

  • Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
     

  • Content that has as its sole or primary purpose to advertise a particular product or service.
     

  • Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
     

  • Content promoting or providing instructional information about illegal activities.
     

  • Content depicting cruelty to animals.
     

  • Copyrighted content or material that is used without the express permission of the owner.
     

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

  • Content that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have secured all necessary consents and/or licenses.
     

  • Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of Open Signal servers or another users computer.
     

  • Content that violates any applicable laws or regulations not specifically referenced herein.
     

As a condition of your use of the Open Signal site, you warrant that you will not use the services offered on the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Open Signal site in any manner which could damage, disable, overburden, or impair the Open Signal site or interfere with any other parties use and enjoyment of the Open Signal site. You may not obtain or attempt to obtain any materials or information, including but not limited to, software and other Open Signal proprietary materials, through any means not intentionally made available or provided for through the Open Signal site.

Open Signal has no obligation to monitor the content which has been uploaded to the Web site for compliance with the foregoing. However, Open Signal reserves the right to review materials uploaded to Open Signal and to remove any materials in its sole discretion for any reason, at any time, with or without notice to you. Open Signal reserves the right to terminate your access to any or all of the services offered by Open Signal at any time.

Open Signal does not control or endorse the content, messages or information found in any user-generated content or uploaded material and, therefore, Open Signal specifically disclaims any liability with regard to such user-generated content or uploaded material and any actions resulting from such user-generated content or uploaded material.

You agree to use the services provided by Open Signal only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use Open Signal in any manner that interferes with its normal operation or with any other users use and enjoyment thereof. You further agree that you will not access, or cause others to access, Open Signal through an interface or in a manner that would interfere with the monetization of Open Signal-hosted content or the honoring of copyright licenses attached to Open Signal-hosted content. You also agree that you will not access Open Signal from any territory where its contents are illegal.

Open Signal does not endorse any user-generated content or any opinion, recommendation or advice expressed therein, and

Open Signal expressly disclaims any and all liability in connection with user-generated content. If notified by a user or a third party of uploaded material that allegedly does not conform to these Terms of Use, Open Signal may investigate the allegation and determine in good faith and in its sole discretion whether to remove the user-generated content.

Copyright Infringement and DMCA Policy

If you believe that material located on or linked to by the Site violates your copyright, you will need to provide, at a minimum, the following information immediately:

  • The nature of your complaint and an exact description of where the material about which you complain is located within the site;
     

  • In the case of a copyright/trademark dispute, identification of the copyrighted/trademarked work that you claim has been infringed and a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;

  • Your name, address, telephone number, and email address;
     

  • A statement by you that the above information is accurate and, in the case of a copyright/trademark dispute, that you are the owner of the copyright/trademark involved or are authorized to act on behalf of that owner; and
     

  • Your electronic or physical signature.
     

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Open Signal will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Open Signal or others, Open Signal may, in its discretion, terminate or deny access to and use of the Website.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Open Signal and/or its employees, agents or affiliates, be liable for any direct, indirect, punitive, incidental, special or consequential damages, or any damages whatsoever, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Open Signal website, with the delay or inability to use the Open Signal website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Open Signal website, or otherwise arising out of the use of the Open Signal website, whether based on contract, tort, negligence, strict liability or otherwise, even if Open Signal or any of its affiliates has been advised of the possibility of damages.

Hold Harmless and Indemnification

You agree to hold harmless and indemnify Open Signal, its employees, agents, representatives and third-party content, distribution, or other partners from and against any third-party claim arising from or in any way related to your use of the Open Signal site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature.

Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Oregon. Disputes arising from these Terms of Use or your use of the Open Signal website shall be exclusively subject to the jurisdiction of the courts of Oregon. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.

Miscellaneous

If any of these Terms of Use or any other policies posted by Open Signal management on the Open Signal website should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent permissible, such Term of Use or policy, or portion thereof, shall be severed and deleted from the remaining terms, conditions and policies, and the remaining terms, conditions and policies shall survive and continue to be binding and enforceable. The failure of Open Signal to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

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