Platform Use Agreement – LFX Tools | Linux Foundation
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Platform Use Agreement – LFX Tools | Linux Foundation
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Platform Use Agreement
Last updated: August 14, 2024
This LFX Platform Use Agreement (together with the documents defined herein, the “ Agreement ”) is a legal contract between (1) The Linux Foundation (“ TLF ”); and (2) you, the individual using the Platform or the Services (as applicable, “ You ”, “ Your ” or “ Yourself ”). If You use the Platform or the Services on behalf of any Projects and Organizations (each as defined herein) pursuant to Sections 1.4 and 1.5 below, then “You” also includes all such Projects and Organizations.
The Agreement governs Your use of the LFX Platform website and infrastructure (the “ Platform ”) and any and all services made available to You by TLF via the Platform (the “ Services ”) for the development, growth, support and sustainability of open source communities.
Together with this LFX Platform Use Agreement, the Agreement consists of (1) the Service-Specific Use Terms, available at https://lfx.linuxfoundation.org/service-terms (the “Service-Specific Use Terms”); (2) the Acceptable Use Policy, available at https://lfx.linuxfoundation.org/acceptable-use (the “AUP”); and (3) the Privacy Policy, available at https://www.linuxfoundation.org/privacy/ (the “ Privacy Policy ”); each as may be updated by TLF from time to time as set forth in Section 1.7 below.
READ THE AGREEMENT CAREFULLY BEFORE BROWSING THIS WEBSITE, CREATING AN ACCOUNT, OR OTHERWISE USING THE PLATFORM OR THE SERVICES. USING ANY PART OF THE PLATFORM INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THE AGREEMENT. YOU CANNOT USE THE PLATFORM IF YOU DO NOT ACCEPT THE AGREEMENT.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH TLF. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
1. Platform and Services.
1.1. Overview. TLF makes the Platform available to You in order to enable You to access the Services and interact with third parties via the Services. Your use of the Platform and the Services is subject to Your compliance with the terms of this Agreement. You are solely responsible for obtaining and maintaining all equipment and services needed for Your own access to and use of the Platform, as well as any for paying any related charges.
1.2. Services. TLF makes various Services available to You via the Platform. Additional terms may apply to each Service, as set forth in the Service-Specific Use Terms. TLF may add new Services, and may modify, limit or discontinue existing Services, from time to time and in TLF’s sole discretion. The use of certain Services may require You to visit or otherwise use certain third party services, which shall be subject to the third parties’ own terms of use. For the avoidance of doubt, the Services do not include and this Agreement does not apply to (a) third party software code hosting sites that are linked to or otherwise referenced from the Platform, the use of which is subject to separate agreements with third parties; or (b) the licensing of Projects’ open source software, the use of which is subject to the applicable license(s) for such software. Additionally, this Agreement does not affect any rights granted under open source license(s) for software comprising the Services that is released as open source.
1.3. Accounts. To make use of many of the Services on the Platform, You will need to create a Platform account for Yourself (an “ Account ”). You may only create an Account for Yourself through the interface provided by TLF. You may not create Accounts for others or use an automated process to create Accounts. You may not create an Account if You are under the age of 18. You may not share Your Account with others; each individual person who uses the Platform must create their own Account. You are responsible for ensuring the security of Your user login credentials, including the use of secure passwords. You will promptly notify TLF if You become aware of any actual or likely misuse of Your Account. You acknowledge and consent to TLF using and sharing Your information to prevent fraud. Some of the information requested during registration of Your Account is mandatory and You must provide this information in order to create an Account; other information is optional and You may choose whether to provide it. Creation of an Account may be subject to requests for more information, review and/or approval by TLF in its sole discretion. In order to provide an integrated Platform and collection of related Services, Your Account may be used across the Platform and may incorporate information received through Your use of the different Services.
1.4. Projects. Within the Platform, You may be permitted to register one or more open source projects to participate in the Platform and the Services (each, a “ Project ”). Some Projects are managed by TLF and receive support from TLF separately from the Platform (each, a “ TLF Project ”) while others are not (each, a “ Community Project ”). One or more Accounts may be associated with the Project as a “maintainer” on the Platform (each, a “ Project Maintainer ”). TLF is authorized, but does not have the obligation or responsibility, to make determinations about who will be registered as a Project Maintainer for Projects on the Platform. By registering as a Project Maintainer, You represent and warrant that You have the authority and capacity to accept this Agreement on behalf of the Project; to make the commitments and license grants set forth herein; and to take the actions via the Platform and the Services that You choose to take; in each case, on behalf of the corresponding Project(s). In order to register a Project with the Platform and the Services, or to register as a Project Maintainer for a Project, You may be required to authenticate using credentials managed by TLF and/or third party sites in order to (1) demonstrate your authorization to be listed as the Project Maintainer for that Project, and (2) make use of integrations between the Platform and third party sites.
1.5. Organizations. Within the Platform, You may be permitted to register the corporation, company or other organization that You represent, such as a company that You own or that employs You, in each case only where You have authority to act on behalf of that organization (each, an “ Organization ”). One or more Accounts may be associated with the Organization as a “representative” on the Platform (each, an “ Organization Representative ”). TLF may, but does not have the obligation or responsibility, to make determinations about who will be registered as an Organization Representative for Organizations on the Platform. By registering as an Organization Representative, You represent and warrant that You have the authority and capacity to accept this Agreement on behalf of the Organization; to make the commitments and license grants set forth herein; and to take the actions via the Platform and the Services that You choose to take; in each case, on behalf of the corresponding Organization(s).
1.6. Not a Backup or Storage Site. The Platform is intended solely to provide You and third parties with access to and use of the Services. It is not intended for use as a data backup or storage site. You are solely responsible for ensuring that You maintain copies of any of Your Content (as defined herein). Except as may be required under applicable data privacy or other laws and regulations, TLF is under no obligation to provide You with access to any data or other materials stored on the Platform or to ensure their reliability or availability.
1.7. Modifications. TLF may alter the Platform, Services and Content and/or may choose to modify, suspend or discontinue the Platform and Services at any time and without notifying You. TLF may also change, update, add or remove provisions (collectively, “ Modifications ”) of the Agreement from time to time. TLF will make any modified versions of the Agreement available by posting them on the Website. If You object to any such Modifications, Your sole recourse shall be to cease all use of the Platform. Continued use of any part of the Platform following notice of any such Modifications indicates You acknowledge and agree to be bound by the Modifications. The Agreement may be superseded by expressly-designated legal notices or terms located on particular portions of the Platform. These expressly-designated legal notices or terms are incorporated into the Agreement and supersede the provision(s) of these Terms that are designated as being superseded.
2. Term and Termination.
2.1. Term. The Agreement shall commence as of the date that You accept the Agreement by creating an Account or (if earlier) by otherwise making use of the Platform or the Services, and shall continue until terminated as set forth herein.
2.2. Termination by You. You may terminate this Agreement at any time by closing Your Account and ceasing all subsequent use of the Platform and the Services.
2.3. Termination by TLF. The Agreement shall be terminated without notice effective upon Your breach of its terms. TLF may terminate this Agreement at any time by closing Your Account; by otherwise disabling Your access to the Platform or the Services; or by attempting to provide You with notice of termination.
2.4. Effect of Termination. Upon the termination of the Agreement, You shall cease all subsequent use of the Platform and the Services and shall delete or destroy any copies You have made of TLF Content. If the Agreement was terminated by You without breach, then You may re-accept the Agreement at a later time and create a new Account. If the Agreement was terminated by TLF, then You shall not attempt to circumvent termination by creating a separate Account using different identifying information.
2.5. Survival. Sections 1.6, 2.4, 2.5, 4.1, 4.3-4.6, and 5-12 of this Platform Use Agreement shall survive the termination of the Agreement. Any and all proprietary rights, disclaimers of warranties, representations made by You, and limitations of liability set forth in the Service-Specific Use Terms shall survive the termination of the Agreement.
3. Acceptable Use.
3.1. Acceptable Use Policy. You shall only use the Platform and Services in accordance with the AUP.
3.2. Codes of Conduct. As used herein, a Project’s “ Code of Conduct ” shall mean (a) the code of conduct adopted and publicly designated by a project, or (b) if it has not adopted one, the most recent version of the Contributor Covenant available at https://www.contributor-covenant.org/ . When interacting with a Project via the Platform and any of the Services, Your interactions shall conform to the Project’s Code of Conduct.
3.3. Suspension. If You use the Platform or Services in a manner that TLF believes in its sole discretion (a) is contrary to the AUP or an applicable Project’s Code of Conduct, or (b) is harmful to the Platform, the Services, or Projects or other users of the Platform or Services, then TLF may suspend Your Account or Your use of the Platform or any Services.
4. Intellectual Property Rights.
4.1. Contributions of Content to Projects. Code, documentation or other content that is contributed to Projects’ code repositories shall be licensed pursuant to the applicable contribution policies and/or agreements adopted by such Projects, and shall not be subject to this Agreement.
4.2. TLF Content. As used herein, “ Content ” means text, data, information, software, graphics, videos, photographs and other materials. Content provided to You via the Platform and the Services (“ TLF Content ”) shall remain owned by TLF or its licensors, as applicable. Subject to Your compliance with the Agreement and all applicable laws and regulations, TLF grants You a limited, personal, non-exclusive, non-transferable license to use and display the TLF Content. You must retain any copyright and other proprietary notices on any copies You make of TLF Content. All rights in TLF Content not expressly granted herein are reserved.
4.3. Your Content. Content that You post to the Platform (“ Your Content ”) shall remain owned by You. You hereby grant TLF an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (b) use (and permit others to use) Your Content in any manner and for any purpose (including, without limitation, commercial purposes) that TLF deems appropriate in its sole discretion (including, without limitation, to incorporate Your Content or any modification thereto, in whole or in part, into any technology, product, or service). TLF may, but is not obligated to, pre-screen Your Content or monitor any area of the Platform through which Your Content may be submitted. TLF is not required to host, display, or distribute any of Your Content on or through the Platform and may remove at any time or refuse any of Your Content for any reason. TLF is not responsible for any loss, theft, or damage of any kind to any of Your Content.
4.4. Your Marks. When You upload Your Projects’ or Organizations’ names, logos and other trademarks to the Platform (collectively, “ Your Marks ”), You hereby grant to TLF a non-exclusive, royalty-free, worldwide license to reproduce and display Your Marks via the Platform and the Services in connection with the corresponding Projects and Organizations. All goodwill arising from such use shall inure to the benefit of the holders of such marks. You acknowledge that TLF shall use the logo image files that You provide to TLF via the Platform and the Services, and accordingly TLF shall not be responsible for ensuring that the logo image files You upload are compliant with or conformant to any trademark usage guidelines that You may have in place regarding Your Marks. For the avoidance of doubt, Your Marks shall not include trademarks that are owned by TLF.
4.5. TLF and Third Party Trademarks. This Agreement does not grant You any rights to use the trademarks of TLF or of third party Organizations or Projects displayed via the Platform or the Services. Use of TLF’s trademarks is subject to TLF’s Trademark Usage Guidelines, a copy of which can be found at https://www.linuxfoundation.org/trademark-usage/ , as updated from time to time. Other third party’s trademarks are subject to their own trademark usage policies.
4.6. Feedback. If You send or transmit any communications, comments, questions, suggestions, or related materials to TLF whether by letter, email, telephone, or otherwise (collectively, “ Feedback ”), suggesting or recommending changes to any part of the Platform, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign to TLF all right, title, and interest in, and TLF is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. To the extent the foregoing assignment of rights, title and interest in and Your Feedback is prohibited by applicable law, You hereby grant TLF a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to (a) to fully use, practice and exploit those non-assignable rights, title and interest, including, but not limited to, the right to use, reproduce, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Feedback, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, and to develop, manufacture, have manufactured, license, market, and sell, directly or indirectly, products and services using such Feedback; and (b) authorize any such use by others of Your Feedback, or any portion thereof, in the same manner. You understand and agree that TLF is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
5. Data Privacy; Compliance with Laws.
5.1. Data Privacy. TLF’s use of personal information is subject to the Privacy Policy. You shall not provide TLF with the personal information of any third party unless such third party has consented to (a) its provision to TLF for the purposes for which it is being provided, and (b) its use pursuant to the Privacy Policy. Third parties’ use of personal information t
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