Published date: 14 August 2018
Effective date: 14 August 2018
Welcome to our website www.open-ecosystem.org (the “Site”).
- Conditions of Use
- Your Account
Upon your registration on the Site, you agree: (a) to provide true, accurate, current and complete information about yourself and the legal entity you act on behalf of (if any) (“Registration Data”) as prompted by the Site’s registration process; (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) not to use the name, trademark or logo of another person (or legal entity as applicable) with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. If you register on the Site, you will be required to create a user ID and password that will be associated with your user account. You may not: (i) select or use an identity of another person with the intent to impersonate that person; (ii) use as an identity a name, trademark or logo subject to any rights of a person other than you without appropriate authorization; or (iii) use as an identity a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user ID, in our sole discretion and at any time. You shall be responsible for maintaining the confidentiality of your user ID and password.
- De-activation and Termination
You can deactivate your account anytime by logging into your account on the Site and clicking on the account cancellation button.
- Rules of Conduct
You are solely responsible for your interaction with other users of the Site. You shall exercise common sense and your best judgment when interacting with other users, including when you submit or post User Material or any personal or other information.
We may send you email notifications about important actions related to users accounts on the Site and about activity you make on the Site (e.g. about upload completion of your content/material on the Site, creation of users group on the Site, private chat messages to other user) or made by other user on the Site in connection with you and your use of the Site (e.g. invitation to a user group or access/use of your content/material on the Site by other user, chat, message enquiry or comment made by other user of the Site in connection with you or your content/material on the Site).
Upon registration on the Site or anytime thereafter, you may provide is with your consent to receive email newsletters and other marketing content from us. You may unsubscribe from receiving email newsletters and other marketing content anytime in your account settings on the Site or by clicking “Unsubscribe” in the relevant email.
We will only retain your personal data for as long as necessary to fulfill the purposes for which such data have been provided to us or otherwise communicated to you, unless a longer period is required by law.
If you have any queries you have about your personal data, contact us through provided contacts below or in the Privacy Statement. Note that you may access and manage much of your personal data online on the Site.
- Intellectual Property and Confidentiality
We respect the intellectual property rights of third parties and we do not claim ownership of any User Material that you post on or through the Site. The ownership of all intellectual property rights to User Material posted on or through the Site remains vested with you.
If the Site includes chat functionality or other mechanisms for users to communicate directly with each other or to create a private group, then we do not guarantee that those communications or information exchanged in those groups are or will remain private.
Please note that User Material shall be deemed NOT to be confidential. More specifically, we do not automatically accept, consider as confidential or keep secret any User Material and you agree that no confidential relationship or obligation of secrecy is established between us and you with respect to User Material. If you desire to submit any User Material to us that you want to keep confidential and we decide that we would like to obtain such User Material, then we must first agree on the scope of the User Material to be considered as confidential, the time period for any confidentiality obligations, and any other mutually agreeable terms and conditions thereof.
Unless otherwise stated in the Supplemental Terms (as defined below) or agreed separately between you and us, by providing User Material to us or posting it on or through the Site, you grant to us the right (i) to store, to transmit and to publish; (ii) to use your User Material to evaluate a potential for a business relationship with us and make necessary reproductions and copies to carry out the purposes set forth herein; and (iii) following successful evaluation and our decision (which may be made public by us on the Site) to enter into a business relationship with you regarding the User Material submitted to us in response to a project or a challenge on terms that are mutually agreed.
- Valued Assets, Restricted Valued Assets and Private Groups
Any content on the Site, including but not limited to data, technical and/or commercial information, libraries, articles, software, roadmaps, excerpts and other materials that are made available by us for you to read, download, access, or for other use through the Site (“Valued Assets”) are owned by us or licensed to us by our licensors and are subject to copyright and other intellectual property rights protection.
We reserve the right to restrict access to specific Valued Assets to specific user(s) or groups of users. If you have been granted access to Valued Assets on the Site, subject to restricted access regime, typically identified as, but not limited to, “Private” (or available in a “Private Group”), “Confidential”, “Restrictive” (“Restricted Valued Assets”) you agree to (i) keep confidential and not to disclose Restricted Valued Assets to any third party; and (ii) restrict the use of Restricted Valued Assets solely for the purpose for which such assets have been made accessible to you by the owner of the Restricted Valued Assets and, if no such purpose has been defined, then for the purpose of the mutual benefit of you and the owner of the Restricted Valued Assets.
If you create or join a group of users operating under a restricted access regime on the Site, typically identified as but not limited to “Private” (“Private Group”), then you agree to (i) maintain the confidentiality of communications held within such Private Group, and (ii) restrict the use of such communications solely for the purpose for which they have been provided to you in a Private Group, and, if no such purpose has been defined, then for the purpose of the mutual benefit of members of the Private Group.
Notwithstanding the foregoing, your use of open source software contained in Valued Assets (including but not limited to your creation of any modification, enhancement, contribution or derivative of such open source software) will be exclusively governed by attached or otherwise indicated terms, conditions, and notices in such open source software.
- Supplementary Terms
- Copyrights and Trademarks
All content on the Site is copyrighted by Nokia. Any rights not expressly granted herein are reserved. Nokia is a registered trademark of Nokia Corporation. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. Unless a specific right is explicitly granted to you, your access to any of the content on the Site or your use of the Site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property rights, including but not limited to marks appearing on the Site. You must observe and follow any proprietary notices or legends contained on Valued Assets or on any materials to which you have access when using the Site. You must retain on permitted copies, all trademark, copyright and other proprietary notices contained in and on Valued Assets or other content on the Site. You may not make any press releases with regard to the content or use on the Site. You further agree not to access the Site by any means other than through the interface that we provide.
- Linking to the Site and use of Logos
You hereby grant us a worldwide, non-exclusive, non-transferable, limited, revocable and royalty-free permission and right to display the Entity Logo on the “Platform Partners” section of the Site, or such other similar section of the Site, with a hyperlink permitting users of the Site to access the initial, top level page of the Entity Site in a distinct browser window, solely for the purpose of referring to the participation of the Entity in the Open Ecosystem Network. You may terminate this permission and right at any time without liability by giving us prior written notice of your wish to do so, and we will then remove the Entity Logo from the Site and disable the hyperlink within a reasonable term. For the avoidance of doubt, we are under no obligation whatsoever to actually display the Entity Logo on the Site and to enable the hyperlink, and we may remove the Entity Logo from the Site and disable the hyperlink at any time, for any reason, at our sole discretion.
In return, we hereby grant you a worldwide, non-exclusive, non-transferable, limited, revocable and royalty-free permission and right to display
You agree that you will not: (a) display or use the Link in a manner that alters the visual presentation of the Site; (b) display or use the Link in a manner that causes the Site to be associated with any advertising or sponsorship not part of the Site or otherwise incorporate any of the content of the Site into a third-party website; (c) display or use an inline link to any information file contained in the Site; (d) alter, block or otherwise prevent display of any content of the Site; (e) link to the Site through any URL other than www.open-ecosystem.org or mirrored site; and/or (f) link to the Site if, to a reasonable person, the Entity Site may be obscene, defamatory, harassing, grossly offensive, or malicious to any person of any age.
You also agree that you will not: (a) state or imply that we endorse the Entity’s products or services; (b) state or imply that there is any relationship between the Entity and us, other than the Entity’s participation in the Open Ecosystem Network, without our prior written consent; or (c) misrepresent the nature of the Entity’s relationship with us or present false or misleading information concerning the Site or the activities performed under the Open Ecosystem Network.
- Content Review
We do not and cannot review the content (including but not limited to User Material) posted by users on the Site and we are not responsible for such content. You are solely responsible for your conduct and any User Material that you submit, post or display on or via the Site.
- Other Sites
For your easy accessibility, we may include links to sites on the Internet or Intranet other than the Site. By linking to any such other site, you shall review and agree to that site's rules of use before using such site. You also agree that we do not assume any responsibility for material downloaded, uploaded, created or published by or through such other sites. In addition, a link to such other site does not imply that we endorse such other site or products or services referenced on such other site.
- Forward-looking Statements
We and our business are exposed to various risks and uncertainties; accordingly, certain statements about us and our business on the Site that are not statements of historical fact are forward-looking statements, including, without limitation, those regarding our future business and financial performance. Forward looking statements may include the words "believe," "expect," "anticipate," "foresee," "sees," "target," "estimate," "designed," "aim", "plans," "intends," "focus," "will" or similar expressions. These statements are based on our best assumptions and beliefs in light of currently available information. Because they involve risks and uncertainties, actual results may differ materially from the results that we currently expect. We do not undertake any obligation to publicly update or revise forward-looking statements, whether as a result of new information, future events or otherwise, except to the extent legally required.
- Warranty and Limitation of Liability
The Valued Assets and any other content on the Site are provided on an "as is" and "as available" basis. We do not warrant that access or use of the Site will be uninterrupted or error-free. We reserve the right to revise the Site or withdraw access from it at any time. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE VALUED ASSETS AND ANY OTHER CONTENT ON THE SITE. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTIONS ARISING OUT OF THE VALUED ASSETS OR ANY OTHER CONTENT ON THE SITE, OR THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IF YOU OBTAIN VALUED ASSETS OR OTHER MATERIALS OR SERVICES FROM THE SITE, THEN YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Applicable Law
- Dispute Resolution Process
- Our Contact Details