Open Y Terms of Use

Version 2.0, May 2018

This is a free service provided by Open Y, LLC (“we,” “us,” and “our”) for users in the YMCA community (“users,” “you,” and “your”). By using the Open Y repository, you agree to these Terms of Use.

We reserve the right to modify or discontinue, temporarily or permanently any services or the Terms of Use at any time, with or without prior notice to users. Open Y, LLC is not liable for any damage to any user or other third party that may result from any such modification, suspension or discontinuance of the service or of the Terms of Use.

Downloading

Open Y, LLC is not responsible for the content maintained in the repository. Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

We are not responsible for the content, data, or actions of third parties, and you release Open Y, LLC, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use.

All code downloaded from Open Y is based on the Drupal® code base, which is subject to the terms of the Drupal license ( www.drupal.org). Open Y code is a derivative work of Drupal and any distribution must be under the terms of the GNU General Public License version 2 or later versions.

Unless otherwise stated, all content (excluding code), including user-generated content, such as comments and discussions on the Open Y web site, is licensed under Creative Commons License, Attribution-ShareAlike 2.0.

Contributing

The term “contribution” means any source code, object code, patch, tool, sample, graphic, specification, manual, documentation, comments or any other content posted or submitted by you to Open Y. We welcome proposed contributions, however, all contributions are subject to review and approval, and potential modification, before inclusion in a release as part of Open Y.

It is your responsibility to obtain appropriate licensing and attribution for content that you submit to Open Y. Content without appropriate licensing or attribution will be removed.

You represent and warrant that:

  • Each contribution that you submit is an original work of authorship and you can legally grant the rights set out in these Terms of Use;

  • To the best of your knowledge, each contribution will not violate any third party’s copyrights, trademarks, patents, or other intellectual property rights;

  • Each contribution shall be in compliance with U.S. export control laws and other applicable export and import laws.

You agree to notify us if you become aware of any circumstance which would make any of the foregoing representations inaccurate in any respect.

All code must comply with the reasonable standards issued by Open Y, including architecture and security protocols. All code submitted to the repository that is a derivative work must be GPLv2+ compatible and will automatically be redistributed as GPLv2+.

Open Y, LLC in its sole discretion will review, modify and determine whether to include code in its next release. We can refuse or remove any contributions at our discretion and without prior notice.

Disclaimer

All content is provided “as is,” without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement; (ii) Open Y, LLC makes no other warranty that its services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure; and (iii) the entire risk as to the quality and performance of the content is with you.

Limit of Liability

In no event will Open Y, LLC, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any indirect, special, incidental, consequential or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business or anticipated savings, loss of goodwill, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Copyright DMCA Notice

If a user or other third party believes that its content has been copied in a way that constitutes copyright infringement, that user or third party should provide Open Y, LLC with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright

interest; (b) a description of the copyrighted work that has been infringed; (c) a description of where the allegedly infringing material is located; (d) the affected user or third party’s address, telephone number and email address; (e) a statement by the affected user or third party that he or she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by the affected user or third party, under penalty of perjury, that the above information is accurate and that such user or third party is the copyright owner or is otherwise authorized to act on the copyright owner’s behalf. Please report any alleged copyright infringements to http://openy.org.

Venue and Governing Law This Agreement shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without reference to conflicts of laws principles. The parties agree that the federal and state courts in the county of Hennepin, Minnesota will have exclusive jurisdiction and venue under this Agreement, and each party hereby agrees to submit to such jurisdiction exclusively.