Legal Structure Information
OPEN SOURCE ELECTION TECHNOLOGY FOUNDATION
FEDERAL TIN NO: 20-8743186
CA TRUST REGISTRY NO: CT0202910
CA CORP NO: 2978899
This corporation is recognized as exempt under section 501(c)(3) of the Internal Revenue Code (the code) in a determination letter issued JULY 2013 and effective as of MARCH 2007.
Donors may deduct contributions as provided in section 170 of the code. Bequests, legacies, devises, transfers, or gifts are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the code.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is, except where otherwise noted, licensed to you under the Creative Commons Attribution-Share Alike 3.0 License. To view a copy of this license, visit here.
You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information without our prior express written consent.
Unless indicated otherwise, the Open Source Election Technology Foundation logos, trademarks, service marks, trade dress and trade names are proprietary to the OSET and may not be used by anyone for any purpose without our prior express written consent.
Any part of the Site and its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, pursuant to the OSET Creative Commons license.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, in order to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. OSET reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any OSET server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of OSET, including any OSET account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
Other Terms and Conditions
The following terms also govern and apply to your use of the Site. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to register (including setting up a OSET ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify OSET immediately of any unauthorized use of your account or password, or any other breach of security.
Information Collection & Use
We may automatically track, collect and compile User Information and Usage Data when you utilize the services of this Site. For purposes of this Agreement, the terms “User Information and Usage Data” (collectively referred to as “Information”) shall have the meanings set forth below:
(a) “User Information” shall mean information or data, including registration, enrollment and profile data provided by or obtained in connection with users registering for community participation.
(b) “Usage Data” shall mean information and data characterizing, describing, relating to, or comprising use of the services of this Site, including but not limited to: automatically tracking and collecting your IP address, domain server, the type of computer and type of web browser you are using and use “cookies” to (i) customize content specific to your interests, (ii) ensure that you do not see the same information repeatedly and (iii) store your password so you do not have to re-enter it each time you use the Service.
Links to Other Sites and to the OSET Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the control of the OSET, and the OSET is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
THE OSET DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE OSET CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OSET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OSET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OSET SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE OSET FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
THE OSET reserves the right to do any of the following, at any time, without notice:
1. To modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason
2. To modify or change the Site, or any portion of the Site, and any applicable policies or terms
3. To interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will OSET be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if OSET has been advised of the possibility of such damages.
You agree to indemnify and hold OSET its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against OSET by any third party due to or arising out of or in connection with your use of the Site.
The OSET may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the OSET rights or property, or the rights or property of visitors to or users of the Site. The OSET reserves the right at all times to disclose any information that the OSET deems necessary to comply with any applicable law, regulation, legal process or governmental request. The OSET also may disclose your information when the OSET determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that the OSET may preserve any transmittal or communication by you with the OSET through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or the OSET determines that such preservation or disclosure is reasonably necessary to:
1. Comply with legal process
3. Respond to claims that any such data violates the rights of others
4. Protect the rights, property or personal safety of the OSET its employees, users of or visitors to the Site, and the public.
You agree that the OSET may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to):
1. Requests by law enforcement or other government agencies
2. A request by you (self-initiated account deletions)
3. Discontinuance or material modification of the Site or any service offered on or through the Site
4. Unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
The OSET administers and operates the www.osetfoundation.org Site from its primary location in Palo Alto, California USA; other OSET sites may be administered and operated from various locations inside the United States. Although the Site is accessible worldwide, the features, content, or services discussed, referenced, provided or offered through or on the Site are primarily intended for United States of America citizens, governments and public or private U.S. organizations. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Use of the OSET trademarks may be prohibited, unless expressly authorized. Refer to the OSET guidelines for using OSET trademarks as may be available on the web site or directly from the OSET.
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws. Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings. To use OSET copyrighted materials, please refer to the OSET Creative Commons license.
Third Party Companies and Products
Mention of third-party products, companies and web sites on the OSET web site is for informational purposes only and constitutes neither an endorsement nor a recommendation. The OSET assumes no responsibility with regard to the selection, performance or use of these products or vendors. The OSET provides this only as a convenience to our users. The OSET has not tested any software or a service found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software or services found on the Internet, and the OSET assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software or accessing any service on the Internet. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.
The OSET encourages and welcomes your feedback regarding any aspect of the OSET efforts. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found here, or you can choose from the many other means, such as the OSET blog or Developer Community Wiki.
Updated by the OSET Legal Team last on 07.03.2014
Effective March 2014