Gelato Privacy Policy & Terms of Service
1 Privacy Policy
2 Terms of Service
1 Privacy Policy
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At Gelato.org, we intend to give you as much control as possible over your personal information. We will let each user know how we will use the personal information derived from each user's access to and use of Gelato.org and/or the Services.
1.1
Notice
Gelato.org will track the domains from which people visit the Gelato.org portal and analyze this data for trends and statistics, including but not limited to marketing analysis, service evaluation and planning.
Gelato.org contains links to other Websites, whether owned or controlled by Gelato.org affiliates or unrelated third parties. Gelato.org is not responsible for the privacy policies and practices of any linked Website.
Currently, Gelato.org uses personal information as a basis for notifications to users, "opt-in" emails, and in order to implement the terms of the Terms of Service governing the Website (the "TOS"). However, in cases where users voluntarily and publicly disclose personal information which may contain Login/Registration Data, or otherwise post personal information in conjunction with content subject to an open source license, such personal information necessarily will be disclosed subject to the terms of the applicable license.
Subject to the foregoing, Gelato.org may conduct surveys or other studies of its user base and usage for marketing and planning purposes. With respect to information collected from such surveys or studies, and in the event that responses are to be publicly disclosed, users will be notified at the time they take the survey and Gelato.org will disclose only aggregate information regarding its users and not personal information identifying any specific individual. Notwithstanding the foregoing, in cases where surveys allow users to submit written comments, and where Gelato.org advises users of the possibility of such disclosure at the time they take the survey, Gelato.org reserves the right to disclose text information provided by any user through such a survey, provided that no personal information identifying that user is disclosed.
1.2
Choice
Cookies: Gelato.org employs "cookies" to provide a user with tailored information. A "cookie" is an element of data which a Service or site, when visited by a user, sends to that user's browser which, in turn, may store that element on the user's hard drive or memory. Gelato.org uses cookies to better serve users who use our Services; Gelato.org does not share these cookies with any third-parties. However, at his or her option and at his or her sole expense and responsibility, any user may block or delete our cookies from his or her hard drive. However, by disabling cookies, certain site features and functionality may no longer work properly, or at all.
"Opt-in" Emails: Users may "opt-in" to receive site notifications, newsletters or other information via email. Users may remove themselves from such services at their discretion. Any email sent to an "opt-in" list will include directions for how a user may remove him or herself from the list or a URL where the user may find such directions.
Other Notifications: In order to implement or enforce the Terms of Service at the Gelato.org site, Gelato.org may use personal information to contact users on an individual basis.
Profile Display: Gelato.org users' personal information is not made public.
Email Display: In some cases, users may have the opportunity to use a Gelato.org service to send electronic mail to another user or email list. In such cases, a user's valid email address and real name will be included with such messages. In order to prevent abuse, users may not opt-out of such a display, but may choose to refrain from using said Service to transmit an email message.
General: In cases where users voluntarily and publicly disclose personal information which may contain Login/Registration Data or otherwise post personal information in conjunction with content subject to an open source license, such personal information necessarily will be disclosed subject to the terms of the applicable license. An example of such a disclosure includes, but is not limited to, a user's disclosure of personal information as part of a message posted to a public message forum or a publicly-released software application.
At no time, unless such disclosure is required by law or a user specifically authorizes such disclosure, will Gelato.org disclose individual user personal information that is not publicly available to unrelated third parties.
Surveys and Resulting Information: Subject to the foregoing, Gelato.org may conduct surveys or other studies of its user base and usage for marketing and planning purposes. Participation in such surveys is at the user's option; Gelato.org does not conduct mandatory surveys.
With respect to information collected from such surveys or studies, and in the event that responses are to be publicly disclosed, users will be notified at the time they take the survey and Gelato.org will disclose only aggregate information regarding its users and not personal information identifying any specific individual. Circumstances under which Gelato.org would publicly disclose such aggregate information include, but are not limited to, sharing survey results with the site population, providing data to Gelato.org sponsors on user preferences and/or demographics, and publicizing overall usage data in press communications.
Notwithstanding the foregoing, in cases where surveys allow users to submit written comments, and where Gelato.org advises users of the possibility of such disclosure at the time they take the survey, Gelato.org reserves the right to disclose text information provided by any user through such a survey, provided that no personal information identifying that user is disclosed.
1.3
Access
With regard to personal information, users can view their data on their personal profile page. When technically feasible, users are permitted to update their personal information directly through the Gelato.org service. When such updating service is not technically feasible, Gelato.org will make reasonable efforts to assist users in updating their personal information.
1.4
Security
To secure site integrity, Gelato.org employs measures including but not limited to security audits, use of encryption tools, and other reasonable security measures and procedures. Internal access to users' private and nonpublic personal information is restricted to site administrators for administrative purposes only.
1.5
Enforcement
In the event that Gelato.org becomes aware that site security is compromised or user nonpublic information has been disclosed to unrelated third parties as a result of external activity, including but not limited to external security attacks, Gelato.org shall take reasonable measures which it deems appropriate, including but not limited to internal investigation and reporting, and notification to and cooperation with law enforcement authorities.
If Gelato.org becomes aware that a user's personal information provided to Gelato.org has been disclosed in a manner not permitted by this Privacy Policy, Gelato.org shall make reasonable efforts to notify the affected user, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that Gelato.org knows this information.
1.6
Updates to the Privacy Policy
To update the privacy policy, we will both post the changed
version and its effective date at
http://www.gelato.org/about/terms.php.
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2 Terms of Service
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2.1
Acceptance of Terms
A person's use of Gelato.org and any of its Services (as defined below) at any time is subject to Gelato.org's then-current Terms of Service ("TOS"), which may be updated from time to time as set forth below. Each user can review the
then-current TOS at any time at: http://www.gelato.org/about/terms.php.
In addition, each user's use of particular Services may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the TOS. A user's use of Gelato.org and/or its Services constitutes full acceptance of and agreement to the TOS; if a user does not accept our TOS, he or she is not granted rights to use Gelato.org or any of its Services, as defined herein, and should refrain from accessing Gelato.org and its Services.
To update the TOS or any Service-specific Rules, we will
both post the changed version and its effective date at
http://www.gelato.org/about/terms.php.
Gelato.org reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Gelato.org or any Service thereon (or any part thereof) with notice to users and the public as described above, or immediately in the event of technical difficulties. Gelato.org shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2.2
Description of Service; No Web Access
Gelato.org is a Website owned and operated by the Gelato
Federation for the purpose of fostering software development
and content creation under Open-Source Initiative ("OSI")-approved
licenses for the Linux Operating System running on the
Itanium platform (the "Purpose"). Gelato.org currently
offers users access to a collection of online resources
for Linux Itanium users and online discussion forums (collectively,
the "Services"). To use the Services, each user must independently
obtain access to the World Wide Web, either directly or
through devices that access Web-based content, and pay
any and all service fees or equipment costs associated
with such access.
2.3
Registration Obligations
If required by the site in question, each user must: (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Login/Registration Data") and (b) maintain and promptly update the Login/Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.
Each user specifies their own username and password upon completing the Service's registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Gelato.org cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify Gelato.org of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
Gelato.org handles user Login/Registration Data in accordance with the Gelato.org Privacy Policy.
2.4
Content
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not Gelato.org, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via Gelato.org or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on Gelato.org and/or any Service which, in the opinion of Gelato.org's counsel, are prohibited by law in applicable jurisdictions, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.
Gelato.org will not pre-screen or review Content, but Gelato.org reserves the right to refuse or delete any Content of which it becomes aware which it reasonably deems not to fulfill the Purpose. In addition, Gelato.org shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content which it reasonably considers to violate the TOS or be otherwise illegal. Gelato.org, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined necessary by us to protect the rights, property or personal safety of Gelato.org, its users and the public. Gelato.org does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Gelato.org be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via Gelato.org or any Service thereon.
Each user, by using Gelato.org or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
2.5
Licensing and Other Terms Applying to Source Code and Other Content Posted on Gelato.org
Use, reproduction, modification, and other intellectual property rights to data stored in CVS or as a file release and posted by any user on Gelato.org ("Source Code") shall be subject to the OSI-approved license applicable to such Source Code, or to such other licensing arrangements that may be approved by Gelato.org as applicable to such Source Code.
With respect to text or data entered into and stored by publicly-accessible site features such as message boards and bug trackers ("Gelato.org Public Content"), the submitting user retains ownership of such Gelato.org Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display project activity, such content is owned by Gelato.org. In each such case, the submitting user grants Gelato.org the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable Open Source Initiative-approved license.
With respect to Content posted to private areas of Gelato.org, (The Gelato Federation Private Space) the submitting user may grant to Gelato.org or other users such rights and licenses as the submitting user deems appropriate.
Content located on any Gelato.org-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the OSI-approved license applicable to such Source Code, or to such other licensing arrangements that may be approved by Gelato.org as applicable to such Content.
2.6
No Resale of Service
You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
2.7
General Practices Regarding Use and Storage
Gelato.org may establish general practices and limits
concerning use of the Services, as defined by posted Service-specific
Rules. While Gelato.org will use reasonable efforts to
back up site data and make such data available in the
event of loss or deletion, Gelato.org has no responsibility
or liability for the deletion or failure to store any
messages and other communications or other Content maintained
or transmitted by any Service. Gelato.org reserves the
right to mark as "inactive" and archive accounts and/or
projects that are inactive for an extended period of time.
Gelato.org reserves the right to change these general
practices and Service-specific Rules at any time, in its
sole discretion, with notice to users and the public as
described in Section 2.1 above.
2.8
Termination
A user's account may be terminated for reasons that include, but are not limited to, the following: 1.) violation of these TOS; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of Service in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.
Gelato.org's termination of any user's access to Gelato.org or any Service hereunder may be effected without notice and, on such termination, Gelato.org may immediately deactivate or delete user's account and/or bar any further access to such files, that Service or Gelato.org. Gelato.org shall not be liable to any user or other third party for any termination of that user's access or account hereunder.
Notwithstanding the foregoing, unless prohibited by law or judicial or governmental order, Gelato.org shall make reasonable efforts to make available all information in a user's account to that user prior to deleting that account or marking that account "inactive", including emailing to the affected user 15-days prior notice of such termination and the location of such user's information, and retaining all information for at least 15 days after emailing such notice.
2.9
Links
Gelato.org, any Service or a third party may provide links to other Websites. Gelato.org exercises no control whatsoever over such other Websites and Web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Gelato.org shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith.
2.10
Indemnity; Disclaimer of Warranties; Limitation of Liability
Each user shall indemnify, defend and hold harmless each of Gelato.org and its affiliates and their respective officers, employees and agents, and any of Gelato.org's Website partners from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of Gelato.org; his or her submission, posting or transmission of Content or his or her violation of the TOS.
EACH USER'S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GELATO.ORG ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. GELATO.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, GELATO.ORG MAKES NO WARRANTY THAT (i) GELATO.ORG OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
EXCLUDING ONLY DAMAGES ARISING OUT OF GELATO.ORG'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, GELATO.ORG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GELATO.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO GELATO.ORG OR ANY SERVICE. IN NO EVENT SHALL GELATO.ORG'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $500.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN GELATO.ORG AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, GELATO.ORG DOES NOT AND CANNOT CONTROL THE ACTIONS OF GELATO.ORG USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE WHICH COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES.
WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO GELATO.ORG OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. 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 BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY GELATO.ORG.
2.11
Trademark Information
Linux
is a registered trademark of Linus Torvalds. All other
marks are property of their respective owners. Gelato.org's
logos are licensed under the GNU General Public License.
Users may display or use the Gelato.org logos only in
accordance with the guidelines posted at http://www.esiee.fr/~carryc/.
2.12
Copyrights
Gelato.org respects the intellectual property of all parties
and we ask our users to do the same. 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 Gelato.org 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 on the Website;
(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. If
Gelato.org receives such a claim, Gelato.org reserves
the right to refuse or delete Content as described under
Section 2.4 hereto, or to terminate a user's account in
accordance with Section 2.8.
2.13
General Information
The TOS constitute the entire agreement between each user and Gelato.org and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third
party content or third party software. If any provision of the TOS is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOS remain in full force and
effect.
2.14
Violations
Please report any violations of the Privacy Policy or TOS, any alleged copyright infringements or any other matters to the Gelato.org Support Manager at webmaster@gelato.org.
Gelato.org is a trademark of Gelato.org. Linux is a registered
trademark of Linus Torvalds. All other trademarks and
copyrights on this page are property of their respective
owners. For information about other Contents of this page,
please see the Terms of Service governing usage of this
site at http://www.gelato.org/about/terms.php. For Gelato.org
Privacy Policy information, please see http://www.gelato.org/about/terms.php.
Content owned by Gelato.org is copyright 2002-2003. All
rights reserved.
Version 1.0, last updated October 24, 2003
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